Question 1

In Mink v. AAAA Development LLC, the court refused to grant personal jurisdiction over AAAA because:

Accepted Answer

While the site provided information to order products, products could not be ordered directly online, so it was deemed more passive than interactive, denying jurisdiction.

Question 2

With regard to establishing minimal contacts to establish jurisdiction regarding out-of-state companies that advertise and sell products over the Internet, which of the following is not a true statement?

Accepted Answer

The Zippo Standard sets a sliding scale with three variables to establish minimum contacts in Internet company cases.

Question 3

Mackey Corp. is incorporated in Delaware but has no office or personnel in the state. Its main office is in Arizona. Mackey would have a physical presence in Delaware if:

Accepted Answer

Maintaining a mailbox to conduct business within a state creates a physical presence in that state.

Question 4

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?

Accepted Answer

Four of the nine justices must vote to hear a case for the court to accept it for review.

Question 5

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?

Accepted Answer

The United States, Canada, and the European Union governments have agreed to adopt the country of origin principle, applying the law where the defendant's servers are located.

Question 6

Which of the following is not a component that needs to be shown to authorize use of a long-arm statute?

Accepted Answer

A direct violation of state statute is not a necessary requirement to enforce a long-arm statute.

Question 7

Diversity jurisdiction requires citizens of two different states:

Accepted Answer

Diversity jurisdiction requires citizens of two different states and a controversy of $75,000 or more.

Question 8

The exchange of e-mail between companies in different states can create personal jurisdiction in a lawsuit when:

Accepted Answer

E-mail as part of an ongoing business relationship is sufficient, by itself, to establish personal jurisdiction.

Question 9

Federal court judges are:

Accepted Answer

All federal court trial, appellate, and Supreme Court judges are nominated by the president subject to confirmation or rejection by the U.S. Senate.

Question 10

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

Accepted Answer

The Court of Appeals for the District of Columbia, part of the federal circuit court system, has jurisdiction to hear matters arising in the District of Columbia because the District of Columbia lacks standing to maintain an independent court system.

Question 11

The ultimate arbiter of federal law is:

Accepted Answer

The ultimate arbiters of federal law are the nine justices of the U.S. Supreme Court.

Question 12

In Estate of Weingeroff v. Pilatus Aircraft, the plaintiff's representative brought a diversity action against Pilatus, a Swiss company that manufactured the plane that crashed, killing Weingeroff. The court decided:

Accepted Answer

Pilatus's spending in Pennsylvania constituted less than 1 percent of its total spending over five years, and no target marketing or direct sales occurred in Pennsylvania.

Question 13

Which of the following courts renders decisions binding only on the parties involved in the dispute?

Accepted Answer

Only appellate courts make precedent. Each of the choices is an appellate court except the U.S. District Court.

Question 14

The principal federal trial court is the:

Accepted Answer

Lacking a federal inferior court, the principal federal trial court is the U.S. district court, the lowest-level federal court.

Question 15

The "effects test" is utilized:

Accepted Answer

When minimal contacts cannot be established, if the out-of-state defendant has committed an intentional act that the defendant would know to be injurious, the effects test may be used to establish personal jurisdiction.

Question 16

Rich has been arrested for a series of 21 home burglaries that spanned over 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:

Accepted Answer

Venue has to do with the location of a trial.

Question 17

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:

Accepted Answer

Voluntary agreements regarding the law to be used should litigation occur are called forum selection clauses.

Question 18

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

Accepted Answer

A change of venue is a request to move a trial to a different physical location in order to effect fairness and justice.

Question 19

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

Accepted Answer

Appellate courts do not hear testimony or accept new evidence when conducting an appeal.

Question 20

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

Accepted Answer

Trial court decisions do not create precedent; only appellate court decisions create precedent and only in that state's court system.

Quiz 3: The American Judicial System, Jurisdiction, and Venue