Question 1

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 does not require a minimum percentage of the state's population to visit the company's website. Instead, it uses a sliding scale approach that considers the level of interactivity and commercial nature of the website to determine minimum contacts. Choices A, B, and C are all true statements.

Question 2

When an attorney requests a change of venue they are asking:

Accepted Answer

When an attorney requests a change of venue, it is to move the trial from one location to another due to the potential unfairness of a trial in the original location. Moving from a state court to a federal court or requesting a different judge would require a different request or motion. Changing the charges a defendant is on trial for would require a different legal motion.

Question 3

The ultimate arbiter of federal law is:

Accepted Answer

The U.S. Supreme Court is the ultimate arbiter of federal law, as it has the power to interpret the Constitution and make final rulings on cases involving federal law. Its decisions are binding on all lower courts in the United States.

Question 4

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

Accepted Answer

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

Question 5

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

Accepted Answer

Maintaining a P.O. Box in Delaware establishes a physical presence because it provides a fixed address within the state.

Question 6

Federal court judges are:

Accepted Answer

Federal court judges are nominated by the President and subject to Senate confirmation. This is outlined in Article II of the United States Constitution. The President may nominate a candidate, but the Senate must hold a vote and confirm the appointment before the judge can take the bench. This process helps ensure that judges are qualified and have gained the approval of both the Executive and Legislative branches of government.

Question 7

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

Accepted Answer

The U.S. District Court renders decisions that are binding only on the parties involved in the dispute. The other courts listed may have broader jurisdiction and their decisions may have a wider impact or set legal precedent.

Question 8

Because it is not a state,cases arising in Washington

Accepted Answer

The District of Columbia is a federal district, not a state, and therefore cases arising in Washington are heard by the Court of Appeals for the District of Columbia. A and C are incorrect because the Supreme Court and Federal Circuit Court of Appeals have specific jurisdiction and do not exclusively hear cases from Washington, while B is incorrect because Virginia is not the closest state to Washington.

Question 9

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

Accepted Answer

Appellate court trials do not involve the presentation of testimony and new evidence. Instead, they review the written record of the lower court proceedings and the arguments presented by each side's attorneys.

Question 10

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 11

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

Accepted Answer

Violating a plaintiff's state statutory law is not a component that needs to be shown to authorize use of a long-arm statute. The other components include transacting business within the plaintiff's state borders, committing negligence resulting in loss to the plaintiff within the plaintiff's state borders, and owning property in the plaintiff's state.

Question 12

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

Accepted Answer

The court adopted the Zippo standard and found that there was minimal interactivity on the AAAA site, which did not rise to the level of minimum contacts sufficient to create personal jurisdiction in Texas.

Question 13

The principal federal trial court is the:

Accepted Answer

The U.S. District Court is the principal federal trial court. It is the court where most federal cases begin and where evidence is first presented. The U.S. Court of Appeals and the U.S. Supreme Court are appellate courts and do not hold trials. The term "U.S. Circuit Court" is no longer in use - it was replaced by the U.S. Court of Appeals system in the late 1800s.

Question 14

Rich has been arrested for a series of twenty one 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

A change in venue is requested when the defendant believes that he cannot receive a fair trial in the original jurisdiction due to excessive publicity or other reasons. In this case, since the news of the crime spree was on television, radio, and newspapers on a regular basis, it is likely that Rich's lawyer will request a change in venue to ensure a fair trial. The other options are not relevant in this scenario.

Question 15

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

Accepted Answer

The exchange of e-mail can create personal jurisdiction if it is an integral part of an ongoing business relationship, as it demonstrates purposeful availment of conducting activities within the forum state.

Question 16

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

According to the rules of the U.S. Supreme Court, at least four out of the nine justices must vote to hear a case for it to be accepted for review. This is known as the "Rule of Four."

Question 17

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 that:

Accepted Answer

The court found that Pilatus's activities in Pennsylvania were too insignificant to establish minimum contacts necessary for personal jurisdiction.

Question 18

The "effects test" is utilized:

Accepted Answer

The effects test is a standard used by courts to determine if they have jurisdiction over an out-of-state defendant who does not have sufficient minimum contacts with the forum state. It looks at the effects of the defendant's out-of-state actions within the forum state, and if those effects are sufficient to establish personal jurisdiction, the court may exercise jurisdiction over the defendant.

Question 19

Olivetone,Inc.,a Florida corporation manufactures and sells sun tan products.Through their web site they sell their products in bulk to a company in Finland,who 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 country of origin rule typically applies, meaning U.S. law would apply because Olivetone's servers and business operations are based in the U.S.

Question 20

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

This specific agreement is called a forum selection clause, which dictates the jurisdiction or forum for any legal disputes that arise from the contract.

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