Question 1

Jeremy crashes his friend John's car because he is an incompetent driver.Emily,John's sister,is outraged and wants John to sue his friend.John refuses to file a case against his long-time friend.Which of the following is Emily allowed to do in this situation?

Accepted Answer

Emily cannot sue Jeremy as she has no legal standing to do so. Only John, the owner of the car, would have standing to sue for the damages caused to his property. Emily's emotional outrage does not give her the legal right to sue in this situation.

Question 2

Donald,who is a resident of Louisiana,is robbed in Oklahoma County,Oklahoma.The robber,who is a resident of the state of Texas,is soon apprehended.Which of the following is the proper venue to hear this case?

Accepted Answer

The proper venue to hear this case is the Oklahoma County Court because it is nearest in location to the scene of the crime. The fact that the plaintiff is from Louisiana or the defendant is from Texas is not relevant in determining the venue. Additionally, unless the robbery involved a federal crime (such as robbery of a federally insured bank), federal court would not have jurisdiction over the case.

Question 3

Parties are not allowed to argue against the imposition of jurisdiction by a court.

Accepted Answer

Parties are allowed to argue against the imposition of jurisdiction by a court. This is a fundamental principle of due process and parties have the right to challenge the court's jurisdiction over a case.

Question 4

________ refers to jurisdiction that allows a plaintiff who obtains a judgment in one state to try to collect the judgment by attaching property of the defendant located in another state.

Accepted Answer

This refers to quasi in rem jurisdiction, which allows a plaintiff who obtains a judgment in one state to try to collect the judgment by attaching property of the defendant located in another state.

Question 5

A forum-selection clause forbids parties to a contract to designate and agree to the jurisdiction of a court that otherwise might not have personal jurisdiction.

Accepted Answer

A forum-selection clause allows parties to a contract to agree in advance about which court or jurisdiction will hear any disputes that arise under the contract, not forbid them.

Question 6

A change of venue may be requested in order to find a jury that is not prejudiced.

Accepted Answer

A change of venue is a request to move a trial to a different location, often in order to find a jury that is not prejudiced.

Question 7

________ refers to a contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract.

Accepted Answer

A forum-selection clause designates a certain court to hear any disputes that arise between the parties regarding the contract. This clause is important as it helps avoid potential jurisdictional disputes and ensures a smoother resolution of any disputes that may arise from the contract.

Question 8

________ refers to a concept that requires lawsuits to be heard by a court with jurisdiction that is nearest the location in which an incident occurred or where the parties reside.

Accepted Answer

Venue refers to the concept that requires lawsuits to be heard by a court with jurisdiction that is nearest the location in which an incident occurred or where the parties reside. Jurisdiction refers to the authority of a court to hear and decide a case, circuit refers to a geographical area that a court serves, and doctrine of stare decisis refers to the principle that courts should follow the legal precedents set by previous court decisions.

Question 9

Compare and contrast between in rem and quasi in rem jurisdiction.

Accepted Answer

The answer of Compare and contrast between in rem and...

Question 10

________ refers to jurisdiction to hear a case because of jurisdiction over the property of the lawsuit.

Accepted Answer

In rem jurisdiction refers to the jurisdiction over the property of the lawsuit, allowing a court to hear a case and make decisions regarding the property, even if the parties involved in the lawsuit are located outside of the court's jurisdiction.

Question 11

A plaintiff,by filing a lawsuit with a court,gives the court in personam jurisdiction over him- or herself.

Accepted Answer

By filing a lawsuit with a court, a plaintiff is submitting to the court's authority and establishing in personam jurisdiction over themselves.

Question 12

Jill wins a lawsuit against Terry in the Wyoming state court.The court passes a judgment for Terry to pay $20,000 to Jill.Immediately after the case is settled,Terry moves to Colorado,where she owns a house,and refuses to pay Jill the money.Which of the following is the best course of action for Jill?

Accepted Answer

Jill should file a lawsuit against Terry in a Colorado state court to enforce the Wyoming court judgment. This is because once a judgment is issued, the winning party can enforce it against the losing party's assets in any state. However, the judgment must be registered in the state where the losing party now resides. By filing a lawsuit in Colorado, Jill can enforce the judgment against Terry's assets in that state, including her house. Filing another case in Wyoming or forcing Terry to sell her house are not necessary because Jill can enforce the judgment in Colorado. Filing a case in the Colorado federal court is not necessary as this is not a federal question case.

Question 13

________ refers to a court's jurisdiction over the parties to a lawsuit.

Accepted Answer

In personam jurisdiction refers to a court's power or authority over the parties involved in a lawsuit. It is often based on factors such as residence, domicile or consent. In contrast, In rem jurisdiction refers to a court's power over a particular property or asset, while quasi in rem jurisdiction involves the jurisdiction of the court over the defendant based on the property the defendant owns in the jurisdiction. Sua sponte jurisdiction refers to a court's decision to take action on its own initiative without any request or motion from any of the parties involved in the lawsuit.

Question 14

Discuss the need and significance of the long-arm statute.

Accepted Answer

The answer of Discuss the need and significance of the...

Question 15

Discuss the significance of the Zippo Manufacturing Company v.Zippo Dot Com,Inc.case in terms of jurisdiction in cyberspace.

Accepted Answer

The answer of Discuss the significance of the Zippo Manufacturing...

Question 16

Describe the need for forum-selection and choice-of-law clauses.

Accepted Answer

The answer of Describe the need for forum-selection and choice-of-law...

Question 17

Where a long-arm statute is present,a defendant need not have minimum contact with a state for that state's courts to have jurisdiction over the defendant.

Accepted Answer

A long-arm statute requires that a defendant must have at least minimum contacts with the state for the state's courts to have jurisdiction over the defendant.

Question 18

Bill is trying to sell his house in Oklahoma City to George who lives in Arkansas.They have a dispute over the terms of the contract and Bill decides to sue George.Which of the following statements is true in this situation?

Accepted Answer

The answer of Bill is trying to sell his house...

Question 19

Why do courts need to accomplish a service of process?

Accepted Answer

Courts need to accomplish a service of process in order to obtain personal jurisdiction over the defendant in a lawsuit. This ensures that the defendant is properly notified of the lawsuit and has the opportunity to prepare and defend themselves in court. Without proper service, the court may not have jurisdiction to hear the case.

Question 20

________ refers to a contract provision that designates a certain state's law or country's law that will be applied in any dispute concerning nonperformance of the contract.

Accepted Answer

A choice-of-law clause is a provision in a contract that specifies which state or country's laws will govern the agreement in the event of a dispute. This is done to make it clear which laws will be applied and to avoid confusion or disagreements about which jurisdiction should handle the case.

Quiz 2: Courts and Jurisdiction