Question 1

Bob is a merchant in New York and Betty is a merchant in California.Bob wants to do business with Betty but he is concerned that if a lawsuit should result from their transaction,he might have to travel to California and hire a California lawyer to litigate the dispute.What type of clause should Bob try to include in his contract with Betty that will probably assure him that if litigation ensues,it will take place in New York?

Accepted Answer

A forum selection clause may address both jurisdiction and venue issues.Hence,it would be a useful tool for Bob in case any type of litigation takes place in the future.

Question 2

Infobox Online,an Internet access provider,includes in its "clickwrap" contract a clause stating that California courts have "exclusive jurisdiction" over subscribers' disputes with Infobox Online.This clause will most likely be:

Accepted Answer

An Internet access provider (IAP)may include a forum selection clause in a so-called "clickwrap" document that sets forth the terms of its Internet-related services-terms to which the IAP's subscribers are deemed to have agreed by virtue of utilizing the IAP's services.Forum selection clauses,whether expressly bargained for or included in a "clickwrap" agreement,are generally enforced by courts unless they are shown to be unreasonable in a given set of circumstances.

Question 3

Which of the following is not an example of a court of limited jurisdiction?

Accepted Answer

Minor criminal cases and civil disputes involving small amounts of money or specialized matters frequently are decided in courts of limited jurisdiction.Examples include traffic courts,probate courts,and small claims courts.

Question 4

In federal courts,a corporation is:

Accepted Answer

Under diversity jurisdiction,a corporation is a citizen of both the state where it has been incorporated and the state where it has its principal place of business.

Question 5

Defending against a federal district court suit by Paul,Dan claims that Paul has sued him in the wrong federal district court.Dan has raised a question of:

Accepted Answer

Even if a court has jurisdiction,it may not be able to decide a case because of venue requirements.A court has venue if it is a territorially fair and convenient forum in which to hear the case.

Question 6

In a case where concurrent jurisdiction exists,a state court may decide a case involving federal questions if:

Accepted Answer

Sometimes,federal district courts have concurrent jurisdiction with state courts-meaning that both state and federal courts have jurisdiction over the case.State courts may sometimes decide cases involving federal questions if concurrent jurisdiction exists and the plaintiff opts for a state court.

Question 7

Which of the following notifies the defendant that he,she,or it is being sued?

Accepted Answer

A summons notifies the defendant that he,she,or it is being sued.It typically names the plaintiff and states the time within which the defendant must enter an appearance in court.In most jurisdictions,it is accompanied by a copy of the plaintiff's complaint.

Question 8

Today,most appealable decisions from the lower courts fall within the Supreme Court's ________ jurisdiction,under which the Court has discretion whether to hear the appeal.

Accepted Answer

The United States Supreme Court,the highest court in the land,is mainly an appellate court. Therefore,it considers only questions of law when it decides appeals from the federal courts of appeals and the highest state courts.Today,most appealable decisions from these courts fall within the Supreme Court's certiorari jurisdiction,under which the Court has discretion whether to hear the appeal.

Question 9

Bubble Wrap Co.(BWC),an Atlanta corporation,has its principal place of business in New York.John,a resident of Florida,asserted on his website that BWC engaged in ongoing criminal activity,scams,and phishing.BWC sued John in the U.S.District Court for the District of New York,alleging defamation and injury to BWC's business in New York.John filed a motion to dismiss the case alleging that neither subject-matter nor in personam jurisdiction existed.The court granted the defendant's motion and dismissed the case because:

Accepted Answer

When the parties have a contractual relationship,"minimum contacts" may be shown by the parties' negotiations preceding their agreement,the course of dealing between the parties,the terms of the agreement,and foreseeable future consequences arising out of the agreement.In this case,there is no such agreement and hence,it does not apply.Federal circuit courts have rejected that merely posting defamatory or invasive material to the World Wide Web is enough to create "minimum contacts" for in personam jurisdiction.

Question 10

Patent cases being litigated in the federal system are an example of:

Accepted Answer

The federal district courts have exclusive jurisdiction over some matters,such as patents.Patent cases must be litigated in the federal system.

Question 11

Contracts sometimes contain a provision reciting that disputes between the parties regarding matters connected with the contract must be litigated in the courts of a particular state.What is such a provision called?

Accepted Answer

Contracts sometimes contain a forum selection clause reciting that disputes between the parties regarding matters connected with the contract must be litigated in the courts of a particular state.Depending on its wording,a forum selection clause may have the effect of addressing both jurisdiction and venue issues.

Question 12

________ jurisdiction exists when the case arises under the Constitution,laws,or treaties of the United States.

Accepted Answer

Federal question jurisdiction exists when the case arises under the Constitution,laws,or treaties of the United States.The "arises under" requirement normally is met when a right created by federal law is a basic part of the plaintiff's case.

Question 13

A "long-arm" statute allows:

Accepted Answer

Most states have enacted "long-arm" statutes that give their courts in personam jurisdiction over out-of-state defendants in certain instances.Under these statutes,nonresident individuals and businesses become subject to the jurisdiction of the state's courts by,for example,doing business within the state,contracting to supply goods or services within the state,or committing a tort within the state.

Question 14

Jurisdiction based on the presence of property within the state is called ________ jurisdiction.

Accepted Answer

In rem jurisdiction is based on the presence of property within the state.

Question 15

For federal "diversity" jurisdiction to exist:

Accepted Answer

Diversity jurisdiction arises when the case is (1)between citizens of different states and (2)the amount in controversy exceeds $75,000.Federal question jurisdiction exists when the case arises under the Constitution,laws,or treaties of the United States.

Question 16

In general,a court has ________ if it is a territorially fair and convenient forum in which to hear the case.

Accepted Answer

A court has venue if it is a territorially fair and convenient forum in which to hear the case.Even if a court has jurisdiction,it may be unable to decide the case because venue requirements have not been met.

Question 17

In which of the following cases will the U.S.Supreme Court have original,but not exclusive,jurisdiction?

Accepted Answer

The U.S.Supreme Court has original,but not exclusive,jurisdiction over cases involving foreign ambassadors,ministers,and like parties;controversies between the United States and a state;and cases in which a state proceeds against citizens of another state or against aliens.Article III of the Constitution grants the Supreme Court jurisdiction of controversies between individual States and citizens from another state or against aliens.The Supreme Court has original and exclusive jurisdiction over all controversies between two or more states.

Question 18

Calvin,a resident of South Park,Colorado,creates a website called "But Seriously" which acts as an electronic billboard for posting funny stories.Ted,a resident of Northridge,California,posts a story on the website.Stu,another California resident from San Diego,files a lawsuit against Calvin in a federal district court in California,claiming that Calvin had defamed him on his website.Based on these facts,does Calvin have sufficient "minimum contacts" to give the California federal district court in personam jurisdiction over him?

Accepted Answer

When the parties have a contractual relationship,"minimum contacts" may be shown by the parties' negotiations preceding their agreement,the course of dealing between the parties,the terms of the agreement,and foreseeable future consequences arising out of the agreement.Federal circuit courts have rejected that merely posting defamatory or invasive material to the World Wide Web is enough to create "minimum contacts" for in personam jurisdiction.

Question 19

The ________ are the documents the parties file with the court when they first state their respective claims and defenses.

Accepted Answer

The pleadings are the documents the parties file with the court when they first state their respective claims and defenses.They include the complaint,the answer,and,in some jurisdictions,the reply.

Question 20

What is a court's power to hear a case and to issue a decision binding on the parties called?

Accepted Answer

Jurisdiction is a court's power to hear a case and to issue a decision binding on the parties.

Quiz 2: The Resolution of Private Disputes