Deck 3: The American Judicial System, Jurisdiction and Venue

Question 1

Choice of (court location)to litigate a dispute when courts have concurrent jurisdiction is an important strategic choice.

Answer 1

forum

Question 2

When a Mississippi defendant does business or extensively advertises in Louisiana,the defendant subjects himself or herself to personal jurisdiction in Louisiana based on the concept of .

Answer 2

minimum contacts

Question 3

The U.S.Constitution requires that all state court judges be appointed by the state's governor,subject to the approval of the state's legislature.

Answer 3

False

Question 4

If Nevada sues the federal government over the constitutionality of a new federal statute,because the United States is a party,the suit may be brought either in the state's highest court or in federal court.

Question 5

A discretionary order issued by the Supreme Court and other federal courts granting a request to argue an appeal is called a .

Question 6

Justice of the peace,municipal court,and small-claims court,are generally referred to as
courts.

Question 7

Once a federal judge is confirmed and sworn in,he or she may be removed only by death,retirement,or .

Question 8

The court's authority over disputes between the parties is called jurisdiction.

Question 9

A court may hear a case if it has jurisdiction over either the subject matter of the dispute or the parties in the case.

Question 10

States provide an automatic right to appeal inferior court decisions,usually to the state's trial court.

Question 11

Delaware has courts that exclusively hear commercial matters,and these specialized courts are called courts.

Question 12

The party petitioning or asking for an appeal is called the .

Question 13

If a state appellate court renders a decision on a new issue,that state decision will become precedent for any federal court decisions when the federal court is located within the state and the decided issue is one of state law.

Question 14

Not all courts have the authority to hear all cases.

Question 15

In recent years,the Supreme Court of the United States has generally accepted only about 10 percent of the petitions for a writ of certiorari made to the Court each year.

Question 16

The majority of cases filed in the U.S.are filed in state courts.

Question 17

The highest court in the state is always called that state's Supreme Court.

Question 18

A state family court that hears only divorce and child-related matters would be said to have
jurisdiction.

Question 19

Diversity jurisdiction must be shown to bring an appeal in a state's highest court.

Question 20

When an appellate court sends a case back to a lower court for further action,the appellate court is said to the case.

Question 21

The Federal Circuit Court of Appeals,located in Washington D.C.,has exclusive jurisdiction to hear appeals from federal courts of appeals throughout the country prior to their appeal to the U.S.Supreme Court.

Question 22

According to the Zippo standard for assessing minimal contacts by an out-of-state Internet-based company,it is possible for a passive website to also be considered a site integral to the company's business model.

Question 23

If an Oregon corporation sues the Environmental Protection Agency,a federal administrative agency,it may sue in either an Oregon state court or a federal district court located in Oregon.

Question 24

Delaware and New Jersey are separated by the Delaware River.New Jersey has started to build a pier extending well into the river,and Delaware claims that the construction will infringe on Delaware's navigational rights.If a lawsuit is filed,it must be filed in either a Delaware or New Jersey state court.

Question 25

Katia and Torin are filing for divorce.Their marital home,which they still live in,is worth $7.5 million and their furniture and other assets are worth more than $25 million.Katia wants half of everything,but Torin doesn't think she deserves more than 25 percent.They may file in federal court to have their dispute adjudicated.

Question 26

State long-arm statutes are used to establish subject matter jurisdiction over out-of-state defendants.

Question 27

The United States has adopted the country of origin principle to determine the application of law in international online disputes.

Question 28

A court may exercise personal jurisdiction over a business entity.

Question 29

The physical presence of an out-of-state party in a particular state is generally an automatic basis for jurisdiction over the defendant by both that state's courts and the federal trial court within that state.

Question 30

All American taxpayers are allowed to bring any type of case in federal court at any time.

Question 31

The effects test has been used by courts to establish personal jurisdiction over out-of-state defendants for both intentional and unintentional acts that have caused harm to in-state plaintiffs.

Question 32

A state court may not unilaterally declare or decide that proper venue for a case should be in another state.

Question 33

According to the Zippo standard,websites that provide information but do not provide the opportunity to conduct online transactions are deemed to be passive and do not create personal jurisdiction over the defendant company that operates the site.

Question 34

According to the Zippo standard,any website that is in any way interactive with customers will be sufficient to create personal jurisdiction over a nonresident company.

Question 35

When a U.S.company conducts business with a foreign company online,U.S.law will automatically apply to the transaction should there be a dispute.

Question 36

E-mail communications between parties in an ongoing business relationship have been found to create sufficient minimum contacts to establish personal jurisdiction without a separate physical presence,and this rule is the prevailing law throughout the United States.

Question 37

Diversity of citizenship is a form of federal personal jurisdiction.

Question 38

Minimum contacts in a state need not be shown if an out-of-state corporation's conduct has the reasonably foreseeable potential to cause injurious effects to a forum state plaintiff.

Question 39

A state probate court,which hears only will and estate matters,is generally described as having limited authority or jurisdiction.

Question 40

In Goodyear Dunlop Tires Operation v.Brown,the fact that a small percentage of tires manufactured by the foreign subsidiaries had entered the North Carolina market was not sufficient to show minimum contacts in North Carolina to establish personal jurisdiction.

Question 41

Which of the following courts renders decisions binding only on the parties involved in the dispute?
A) The Pennsylvania Supreme Court.

A) The U.S. District Court.
B) The U.S. Supreme Court.
D) The Michigan Appellate Court.

Question 42

Diversity jurisdiction requires citizens of two different states
A) or a controversy of $50,000 or more.

A) or a controversy of $75,000 or more.
B) and a controversy of $50,000 or more.
D) and a controversy of $75,000 or more.

Question 43

The trial court in New York has heard a case and issued a decision.This decision

A) will be precedent in New York courts only.
B) will be precedent in New York courts and the courts of states immediately surrounding New York.
C) will be precedent in the courts of all 50 states.
D) will not be precedent in any U.S. courts.

Question 44

The principal federal trial court is the
A) U.S. circuit court.

A) U.S. district court.
B) U.S. court of appeals.
D) U.S. Supreme Court.

Question 45

Personal jurisdiction over an out-of-state defendant would likely not occur in which of the following situations?

A) The defendant maintains an office in the forum state.
B) The defendant, at a minimum, has employees that enter the forum state to conduct business.
C) The e-mail is an integral part of an ongoing business relationship even if no offices or personnel are within the forum state.
D) Despite the exchange of e-mails, there is no ongoing business relationship between the parties.

Question 46

Rich has been arrested for a series of 21 home burglaries that spanned nine months.The news regarding the crime spree was on television,on radio,and in the newspapers on a regular basis.His lawyer doesn't believe that Rich can get a fair trial locally,so he will ask for
A) a change in personal jurisdiction.

A) a change in venue.
B) a change in subject matter jurisdiction.
D) a change using a long-arm statute.

Question 47

Which of the following is not a true statement about the standard to be used to establish minimal contacts when determining if a court has jurisdiction over out-of-state companies that advertise and sell products over the Internet?

A) The U.S. Supreme Court has not yet directly ruled on the issue.
B) The Zippo standard, established in Zippo Manufacturing Company v. Zippo Dot Com, Inc., is not legally binding precedent.
C) At least six federal circuit courts have adopted the Zippo standard as the legal framework to assess minimum contacts.
D) The Zippo standard sets a rigid test to establish minimum contacts, requiring that at least 5 percent of the state's population visit the company's website.

Question 48

An Oregon corporation and a New Hampshire corporation have entered into a contract and agreed that any legal disputes will be conducted using New Hampshire law.This agreement is called a
A) site selection clause.

A) state selection clause.
B) venue selection clause.
D) forum selection clause.

Question 49

When a party files a writ of certiorari to the U.S.Supreme Court,how many justices must vote to hear the case for it to be accepted for review?
A) four

A) six
B) five
D) The vote must be unanimous.

Question 50

Which of the following does not occur in appellate court trials?

A) Presentation of testimony and new evidence.
B) Oral arguments by each side's attorneys.
C) Consideration of briefs prepared by each side's attorneys that outline the law and applicable precedent pertinent to the case.
D) Review of lower court transcripts and rulings.

Question 51

The "effects test" is utilized

A) to determine the amount of damages a defendant must pay the plaintiff.
B) by the U.S. Supreme Court to decide whether to accept a case for review.
C) by a federal court to determine whether state precedent should apply to a case it is adjudicating.
D) to establish personal jurisdiction over an out-of-state defendant in certain cases when minimum contacts do not otherwise exist.

Question 52

Mackey Corp.is incorporated in Delaware but has no office in the state.Its main office is in Arizona.Mackey would have a physical presence in Delaware to be sued in a case not involving an auto accident if

A) it maintains a sales agent in Delaware.
B) it advertises its products in Delaware newspapers.
C) its sales personnel drive through Delaware to go to offices in Arizona.
D) it sells products to Delaware residents using the USPS for delivery.

Question 53

In Clemens v.McNamee,major league pitcher Roger Clemens sued McNamee,a trainer,over McNamee's statements to investigators and Sports Illustrated that he gave steroids to Clemens in Toronto and New York.Clemens,a Texas citizen,filed a defamation suit in Texas against McNamee,a citizen of New York,based on diversity of citizenship.The court decided

A) that because the defamation was published in a national magazine, minimum contacts was established.
B) in favor of the McNamee because he did not have sufficient minimum contacts to establish personal jurisdiction, since Texas was not the focal point of the story.
C) in favor of Clemens because he suffered distress and damage to his reputation in Texas, which satisfied the minimum-contacts requirement to create jurisdiction.
D) in favor of Clemens because the defendant's defamation constituted purposeful availment.

Question 54

Which of the following does not typically trigger the use of a long-arm statute?

A) The defendant transacts business within the plaintiff's state borders.
B) The defendant violates a plaintiff's state statutory law.
C) The defendant commits negligence resulting in loss to the plaintiff within the plaintiff's state borders.
D) The defendant owns property in the plaintiff's state.

Question 55

In Franklin v.Facebook,the court considered Facebook's motion to transfer venue to Northern California and

A) denied Facebook's motion to transfer venue because the forum selection clause in Facebook's terms of service was unfair to consumers.
B) denied Facebook's motion to transfer venue because no minimum contacts were established.
C) granted Facebook's motion because Georgia was so distant from California that it would be unfair to subject Facebook to a Georgia lawsuit.
D) granted Facebook's motion because the forum selection clause in Facebook's terms of service was valid and applied to the facts of the case.

Question 56

When an attorney requests a change of venue,the attorney is asking

A) for a different judge because of the assigned judge's potential bias.
B) to move the trial from a state trial court to a federal court in the same state.
C) to move the trial from one location to another due to the potential unfairness of a trial in the first location.
D) to change the charges that the defendant was originally arrested for and is now on trial for.

Question 57

Federal court judges are

A) selected by the president without outside confirmation.
B) nominated by the president and subject to full congressional confirmation.
C) nominated by the president and subject to Senate confirmation.
D) nominated by the President and subject to House of Representative confirmation.

Question 58

Because it is not a state,cases arising in Washington,D.C.,are heard by

A) a specially appointed court that reports directly to the U.S. Supreme Court.
B) courts from the Virginia state system because Virginia is the closest state.
C) the Federal Circuit Court of Appeals.
D) the Court of Appeals for the District of Columbia.

Question 59

Olivetone Inc.,a Florida corporation,manufactures and sells suntan products.Through its website Olivetone sells its products in bulk to a company in Finland,which then distributes and sells the Olivetone products to Swedish companies for retail sale to Swedish consumers.Both Finland and Sweden are in the European Union,but the United States is not.Should a dispute arise and Olivetone is sued,whose law will apply?

A) Because the country of reception approach will be utilized, Finnish law will apply since the products initially went to Finland, where the Finnish servers were located.
B) Because the country of reception approach will be utilized, Swedish law will apply because the products were ultimately received in Sweden, where the Swedish servers were located.
C) Because the county of origin rule will be utilized, U.S. law will apply because the defendant's servers are in the United States.
D) Because the country of origin rule will be utilized, the International Court of Justice will have to determine where the dispute actually arose and will award jurisdiction to that country.

Question 60

The ultimate arbiter of federal law is
A) the Senate.

A) the U.S. Supreme Court.
B) the President.
D) the full Congress.

Question 61

Fully explain the components of the Zippo standard as they are used to establish or refute minimal contacts regarding out-of-state Internet company defendants.

Question 62

Name the three instances in which a federal court may establish subject matter jurisdiction over a defendant.

Question 63

Name the five instances in which a federal trial court may establish personal jurisdiction over a defendant.

Question 64

Mountain Stuff is a Colorado corporation selling mountain-climbing equipment.It maintains a website that provides information about its products as well as general information about mountain climbing.A consumer cannot purchase equipment directly from the site but can request order forms to purchase equipment directly from Mountain Stuff.Mountain Stuff maintains no offices outside Colorado,and no products are sold by retailers outside Colorado.After an accident involving climbers using the equipment of a competitor,Utah Mountain Sports,Mountain Stuff prints an article on the general-information portion of its website that accuses Utah Mountain Sports of intentionally manufacturing and selling defective and substandard equipment.There is no direct proof referenced in the article and in fact the article is incorrect.Nevertheless,other articles are written referencing the Mountain Stuff statements,and Utah Mountain Sports has seen an otherwise unexplained 10 percent decline in its typically $1 million-a-month sales in each of the three months since the Mountain Stuff article was published.If Utah Mountain Sports sues in federal court in Utah,will the court be able to find personal and subject matter jurisdiction under these circumstances?

Question 65

You are a defense attorney representing a man who has ignited a bomb in a public building in the city of Xanadu,a small city.It appears that everyone in Xanadu knows someone who died in the blast.The crime has been front-page news every day for a year,and local television personalities have consistently ranted about your client's guilt.You want to have the trial moved to another city.What is your argument,and should it be successful?

Question 66

With regard to federal question jurisdiction,

A) the case may be filed in either state or federal court.
B) the case may be filed only in state court if the controversy is $75,000 or more.
C) the case may be filed only in federal court if the controversy is $75,000 or more.
D) the case may be filed only in federal court and the amount in controversy is irrelevant.

Question 67

With regard to international business transactions conducted online,what are the two theories used to determine whose law applies in a dispute?

Question 68

The Supreme Court case of Pennoyer v.Neff articulated a framework for the exercise of personal jurisdiction by lower courts that applied to

A) federal courts only and was based on providing fairness to the parties with constitutional requirements related to due process.
B) state courts only and was based on providing fairness to the parties with constitutional requirements related to equal protection.
C) both federal and state courts and was based on providing fairness to the parties with constitutional requirements related to equal protection.
D) both federal and state courts and was based on providing fairness to the parties with constitutional requirements related to due process.

Question 69

A forum selection clause

A) is written into a contract when the contract is entered into.
B) is created by the contracting parties after the dispute arises and they analyze the fairest location for the trial.
C) is created by the court after determining where jurisdiction is the strongest.
D) is created by the parties after the dispute arises based on the type of dispute and which state's court has the appropriate precedent and statutory law to hear the case.

Question 70

Which of the following situations will create diversity jurisdiction?

A) New York sues Virginia to stop the sale of firearms to New York residents.
B) Alana, a Delaware resident, is a student at the state university in Delaware and sues for $1 million after she was molested on campus due to lack of appropriate security.
C) Alana, a Delaware resident, is a student at an out-of-state university and sues the school for a $50,000 tuition refund when she must leave for a semester for a personal family emergency and the school refuses a refund or credit.
D) Alana, a Delaware resident, sues Morris, a New York resident driving in Delaware, for $80,000 when he rear-ends her while she's riding her bicycle and severely injures her.

Question 71

Which of the following involves the analysis of personal jurisdiction?

A) Application of a long-arm statute.
B) Diversity jurisdiction.
C) Federal question jurisdiction.
D) Enforcement of a state or federal criminal law.

Question 72

In Keeton v.Hustler Magazine,the New Hampshire court determined that

A) mere regular circulation of a magazine is insufficient alone to create jurisdiction if no physical presence of the defendant can be shown in the state.
B) regular circulation of a magazine is sufficient to establish jurisdiction in a defamation case because of the potential for injurious effects of defamatory articles even without an otherwise physical presence of the defendant.
C) Hustler, due to its pornographic nature, loses constitutional protections and is subject to personal jurisdiction based on fundamental fairness for the plaintiff.
D) regular circulation of a magazine is considered a physical presence in a forum state due to the tangible nature of the magazine itself.

Question 73

In 2002,Australia's highest court ruled on a defamation case in which an Australian citizen claimed to have been defamed by a Dow Jones article published on the defendant's website.The court found that the citizen was defamed

A) but jurisdiction over Dow Jones couldn't be established because the defendant had no physical presence in Australia.
B) but jurisdiction over Dow Jones couldn't be established because the defendant's servers were in America and the article had been uploaded in the United States, so it was considered published in the United States and not subject to Australian law.
C) and jurisdiction over Dow Jones was established because under American law, the defendant's website was interactive and sufficiently established minimum contacts, creating jurisdiction.
D) and publication of the article occurred when the article appeared and could be read on a user's computer screen, establishing jurisdiction in Australia.

Question 74

Minzer Corp.is considering a lawsuit against Salter,Inc.,for patent infringement.Minzer is a Delaware corporation,and Salter is located in Utah.If the case is brought in Utah,what issues should the Minzer board of directors consider when deciding whether to file and pursue the case?

Question 75

Piet,a Delaware resident,goes out to dinner at Ed's House of Crabs,a restaurant incorporated and operating in Maryland.As Piet walks to his table,he slips on some crab parts that had fallen to the floor and had not been cleaned up by Ed's staff.He suffers a severe back injury that requires multiple operations and extensive therapy.As Piet prepares to file a lawsuit for negligence,what are Piet's options with regard to jurisdiction and venue in determining which court to file the suit in?

Question 76

Fancy Frames Bicycles,Inc.,is a small company in Wisconsin that manufactures custom high-end bicycle frames for sale to consumer cyclists.It has a single office/plant,and it maintains a website with information about its products and contact information but no means for ordering products online.Morton,a Minnesota resident,runs a similar custom bicycle-frame-making shop that is successful but growing increasingly stagnant.After visiting the Fancy Frames site,he is impressed.He contacts Fancy Frames about closing his business and becoming a local Fancy Frames manufacturer and distributor.Fancy Frames is intrigued by the idea,and the parties exchange numerous e-mails for over a year discussing the proposed business relationship.Finally Fancy Frames writes to Morton that the deal is a go and the papers will be sent to him immediately.Morton closes his business and awaits the papers.When they arrive,Morton learns that the deal provides him with a salary but has left out the commission that the e-mails had promised.He sues Fancy Frames in Minnesota district court.Will the court have personal jurisdiction over Fancy Frames? What theory or theories might the court examine in determining
personal jurisdiction?

Question 77

The Zippo standard requires a case-by-case analysis

A) whenever the website in question is considered passive.
B) whenever the website in question is considered interactive.
C) whenever the website in question is considered integral to the business model.
D) whenever a website is involved, regardless of how it is classified.

Question 78

Which of the following will not create minimum contacts in a state sufficient to find personal jurisdiction on an out-of-state defendant?

A) A company maintains a website that provides information about its products and that provides an address or number that a customer can contact to obtain an order form to purchase products directly from the company.
B) A company maintains an office in the forum state that is manned once a week by employees.
C) A company sends sales personnel into the forum state to conduct business but does not maintain an office within the forum state.
D) A company maintains no physical office within a state and does not send sales personnel to the state to conduct business, but it target advertises in the forum state, providing special products and discounts for the forum state's residents.

Question 79

Crystina is a resident of Delaware and,while shopping in Pennsylvania,is assaulted by Puuki,a New Jersey resident.Ordinarily,venue in this case would originally be in

A) Delaware.
B) Pennsylvania.
C) New Jersey.
D) the state chosen by Christine because multiple states are involved.

Question 80

The U.S.Supreme Court exercises both original and appellate jurisdiction.In which matters may the Court exercise its original jurisdiction?