Question 1

Yoshi,a Japanese citizen working in Atlanta for his Tokyo firm,decided to rent an airplane and fly himself to the Annual Catfish and Zydeco festival in Thibodaux,Louisiana.He rented a small plane to fly there.Over Alabama,thunderstorms formed.Because Yoshi was not trained to fly by instruments,he decided to land at the next airport.
As he searched for a runway,Yoshi heard a loud clank followed by silence as the engine died.He tried to land in a field but crashed.While recovering in a rehabilitation center in California,Yoshi filed suit there against the Atlanta Airport and the owners of the airplane,alleging that they were negligent in their maintenance.
Please answer True-False questions 123 to 130 based on the facts above.
-Yoshi may obtain personal jurisdiction over the Atlanta Airport by having the court seize a bank account the airport holds in California.

Accepted Answer

There is no connection between the Atlanta Airport and California that would allow for personal jurisdiction to be obtained in California.

Question 2

Traditionally,in contracts cases,the conflict-of-law rule is that the law of the state in which a contract was breached will determine the validity of the contract.

Accepted Answer

Traditionally, in contracts cases, the conflict-of-law rule often applies the law of the state in which the contract was made (lex loci contractus) to determine its validity, not necessarily where it was breached.

Question 3

Yoshi,a Japanese citizen working in Atlanta for his Tokyo firm,decided to rent an airplane and fly himself to the Annual Catfish and Zydeco festival in Thibodaux,Louisiana.He rented a small plane to fly there.Over Alabama,thunderstorms formed.Because Yoshi was not trained to fly by instruments,he decided to land at the next airport.
As he searched for a runway,Yoshi heard a loud clank followed by silence as the engine died.He tried to land in a field but crashed.While recovering in a rehabilitation center in California,Yoshi filed suit there against the Atlanta Airport and the owners of the airplane,alleging that they were negligent in their maintenance.
Please answer True-False questions 123 to 130 based on the facts above.
-If Yoshi wants to sue the Atlanta Airport in California he will most likely have to use a long-leg statute to obtain personal jurisdiction.

Accepted Answer

The answer of Yoshi,a Japanese citizen working in Atlanta for...

Question 4

The doctrine of forum non conveniens is closely related to the issue of venue.

Accepted Answer

The doctrine of forum non conveniens allows a court to dismiss a case if another forum would be more appropriate for the case to be heard. This is closely related to the issue of venue, which refers to the geographical location where a case may be heard.

Question 5

In William Pounder Architects v.Tunica County,the federal appeals court held that
an agreement calling for Tennessee law to govern a dispute was void,Mississippi law
would apply because public policy required that.

Accepted Answer

The federal appeals court held that an agreement calling for Tennessee law to govern a dispute was void, and Mississippi law would apply because public policy required that.

Question 6

Yoshi,a Japanese citizen working in Atlanta for his Tokyo firm,decided to rent an airplane and fly himself to the Annual Catfish and Zydeco festival in Thibodaux,Louisiana.He rented a small plane to fly there.Over Alabama,thunderstorms formed.Because Yoshi was not trained to fly by instruments,he decided to land at the next airport.
As he searched for a runway,Yoshi heard a loud clank followed by silence as the engine died.He tried to land in a field but crashed.While recovering in a rehabilitation center in California,Yoshi filed suit there against the Atlanta Airport and the owners of the airplane,alleging that they were negligent in their maintenance.
Please answer True-False questions 123 to 130 based on the facts above.
-A court in which Yoshi's case may be brought and tried to a conclusion is said to have original jurisdiction over the case.

Accepted Answer

Since the case was filed by Yoshi in California, the court in California would have original jurisdiction over the case.

Question 7

Yoshi,a Japanese citizen working in Atlanta for his Tokyo firm,decided to rent an airplane and fly himself to the Annual Catfish and Zydeco festival in Thibodaux,Louisiana.He rented a small plane to fly there.Over Alabama,thunderstorms formed.Because Yoshi was not trained to fly by instruments,he decided to land at the next airport.
As he searched for a runway,Yoshi heard a loud clank followed by silence as the engine died.He tried to land in a field but crashed.While recovering in a rehabilitation center in California,Yoshi filed suit there against the Atlanta Airport and the owners of the airplane,alleging that they were negligent in their maintenance.
Please answer True-False questions 123 to 130 based on the facts above.
-Only Yoshi has the ability to remove the case he brought in a California state court to a federal court.

Accepted Answer

Generally, the defendants have the right to remove a case to federal court, not the plaintiff. In this case, Yoshi filed the lawsuit in a California state court, so it would be up to the defendants to seek removal to a federal court if they wished to do so.

Question 8

Some states require that no matter what the dispute,all cases must be tried under the law of that state.No conflict-of-law tests will be applied.

Accepted Answer

States often apply conflict-of-law principles to determine which jurisdiction's laws should apply in a particular case, especially when the dispute involves parties or elements from different states or countries.

Question 9

Yoshi,a Japanese citizen working in Atlanta for his Tokyo firm,decided to rent an airplane and fly himself to the Annual Catfish and Zydeco festival in Thibodaux,Louisiana.He rented a small plane to fly there.Over Alabama,thunderstorms formed.Because Yoshi was not trained to fly by instruments,he decided to land at the next airport.
As he searched for a runway,Yoshi heard a loud clank followed by silence as the engine died.He tried to land in a field but crashed.While recovering in a rehabilitation center in California,Yoshi filed suit there against the Atlanta Airport and the owners of the airplane,alleging that they were negligent in their maintenance.
Please answer True-False questions 123 to 130 based on the facts above.
-If Yoshi's case were removed to federal court,the federal court would have to apply conflict-of-law rules to determine what law to apply to the dispute.

Accepted Answer

If Yoshi's case were removed to federal court, the court would have to apply conflict-of-law rules to determine what law to apply to the dispute as it involves parties from different states and potentially different jurisdictions.

Question 10

Yoshi,a Japanese citizen working in Atlanta for his Tokyo firm,decided to rent an airplane and fly himself to the Annual Catfish and Zydeco festival in Thibodaux,Louisiana.He rented a small plane to fly there.Over Alabama,thunderstorms formed.Because Yoshi was not trained to fly by instruments,he decided to land at the next airport.
As he searched for a runway,Yoshi heard a loud clank followed by silence as the engine died.He tried to land in a field but crashed.While recovering in a rehabilitation center in California,Yoshi filed suit there against the Atlanta Airport and the owners of the airplane,alleging that they were negligent in their maintenance.
Please answer True-False questions 123 to 130 based on the facts above.
-If Yoshi's case was tried in federal court in California,and the substantive issue of law involved was liability for the injuries arising from Yoshi's crash,the court would apply the common law of California.

Accepted Answer

In a federal court, the substantive law applied is typically the law of the state where the court is located, unless a federal statute or the U.S. Constitution provides otherwise. However, in diversity cases, the court applies the law of the state where the incident occurred or where the contract was made, which in this case would likely be Georgia or Alabama, not California.

Question 11

The venue of a case may be changed due to excessive publicity about the matter.

Accepted Answer

If a case has received excessive publicity, it may be difficult to find an impartial jury in the original venue, and a change of venue may be necessary to ensure a fair trial.

Question 12

Venue of a lawsuit concerns the fairness of the location in which a case is tried.

Accepted Answer

Venue is the legal term used to describe the geographic location where a court case is held. The fairness of the location in which a case is tried is determined by the venue. As a result, the statement is correct.

Question 13

Yoshi,a Japanese citizen working in Atlanta for his Tokyo firm,decided to rent an airplane and fly himself to the Annual Catfish and Zydeco festival in Thibodaux,Louisiana.He rented a small plane to fly there.Over Alabama,thunderstorms formed.Because Yoshi was not trained to fly by instruments,he decided to land at the next airport.
As he searched for a runway,Yoshi heard a loud clank followed by silence as the engine died.He tried to land in a field but crashed.While recovering in a rehabilitation center in California,Yoshi filed suit there against the Atlanta Airport and the owners of the airplane,alleging that they were negligent in their maintenance.
Please answer True-False questions 123 to 130 based on the facts above.
-Because of the size of his alleged damages and the nature of the case,Yoshi could,if he wished,sue the defendants in small claims court.

Accepted Answer

The case does not mention anything about small claims court and the size of the damages or the nature of the case does not necessarily determine the court in which the case can be filed.

Question 14

Yoshi,a Japanese citizen working in Atlanta for his Tokyo firm,decided to rent an airplane and fly himself to the Annual Catfish and Zydeco festival in Thibodaux,Louisiana.He rented a small plane to fly there.Over Alabama,thunderstorms formed.Because Yoshi was not trained to fly by instruments,he decided to land at the next airport.
As he searched for a runway,Yoshi heard a loud clank followed by silence as the engine died.He tried to land in a field but crashed.While recovering in a rehabilitation center in California,Yoshi filed suit there against the Atlanta Airport and the owners of the airplane,alleging that they were negligent in their maintenance.
Please answer True-False questions 123 to 130 based on the facts above.
-If Yoshi's case was tried in federal court in California and the issue of substantive law was whether or not a contract existed between Yoshi and the airplane owner,the court would apply the law of Georgia.

Accepted Answer

The court would likely apply the law of Georgia because that is where the contract between Yoshi and the airplane owner was likely formed. In a contract dispute, the court would generally apply the law of the state where the contract was formed or where the parties intended for the contract to be performed.

Question 15

Courts often apply a "significant interest" test in conflicts-of-law cases to determine which court should have jurisdiction over a dispute.

Accepted Answer

This statement is true. Courts use the "significant interest" test to determine which court has jurisdiction over a dispute when there are conflicts-of-law issues. This test considers which state has the most significant interest in the matter at hand and should therefore be the one to apply its laws to the case.

Question 16

In William Pounder Architects v.Tunica County,where a Tennessee company did
work for a Mississippi customer,the appeals court held that since the Tennessee
company filed suit,it could choose the state law that would apply-Tennessee.

Accepted Answer

The appeals court would not allow the Tennessee company to unilaterally choose the applicable state law; typically, the court would consider factors such as where the contract was performed and the location of the parties involved.

Question 17

The doctrine of forum non conveniens applies only in federal district courts,not state trial courts.

Accepted Answer

The doctrine of forum non conveniens may apply in both federal district courts and state trial courts.

Quiz 2: The Court Systems