Question 1

The two part test for personal jurisdiction requires the court to look for a long-arm statute and

Accepted Answer

A)  If the parties consented 
B)  If the plaintiff is domiciled within the state asserting personal jurisdiction 
C)  If justice will be achieved by allowing the lawsuit to go forward 
D)  If there are minimum contacts such that it does not offend fairness and due process 
A)  If the parties consented 
B)  If the plaintiff is domiciled within the state asserting personal jurisdiction 
C)  If justice will be achieved by allowing the lawsuit to go forward 
D)  If there are minimum contacts such that it does not offend fairness and due process D

Question 2

In a recent fictitious decision of the Supreme Court of Pennsylvania, Shrute v. Halpert, the court interpreted the U.S. Constitutionally guaranteed Second Amendment right to bear arms to mean, the right of a person to own one shotgun, and no other weapons. This decision

Accepted Answer

A)  Will be ratified by the U.S. Supreme Court 
B)  Will be reviewed by the U.S. Supreme Court 
C)  Will be enforced within the state of Pennsylvania 
D)  Will be thrown out as on the U.S. Supreme Court interprets the U.S. Constitution 
A)  Will be ratified by the U.S. Supreme Court 
B)  Will be reviewed by the U.S. Supreme Court 
C)  Will be enforced within the state of Pennsylvania 
D)  Will be thrown out as on the U.S. Supreme Court interprets the U.S. Constitution D

Question 3

Tucker sues Nick for breach of contract. Nick is the

Accepted Answer

A)  Plaintiff 
B)  Defendant 
C)  Respondant 
D)  Public defender 
A)  Plaintiff 
B)  Defendant 
C)  Respondant 
D)  Public defender B

Question 4

Ace Skincare Company, located in exclusively in Hawaii, produced thousands of units of a plant-based skincare product. Realizing that there is not as strong of demand in Hawaii, Ace Skincare Company decides to market to people in Alaska by shipping samples and order forms to many residents. Several people who ordered the product in Alaska suffered a severe skin rash that was linked to the product usage. Will the state of Alaska have personal jurisdiction?

Accepted Answer

A)  No because Ace Skincare Company is located exclusively in Hawaii. 
B)  No because it was voluntarily purchased and used by citizens in Alaska. 
C)  Yes because any company consents to national jurisdiction because any product made could be put in the stream of commerce. 
D)  Yes because by marketing and selling to people in Alaska, it is reasonably foreseeable that it could have an injurious effect on a resident of that state. 
A)  No because Ace Skincare Company is located exclusively in Hawaii. 
B)  No because it was voluntarily purchased and used by citizens in Alaska. 
C)  Yes because any company consents to national jurisdiction because any product made could be put in the stream of commerce. 
D)  Yes because by marketing and selling to people in Alaska, it is reasonably foreseeable that it could have an injurious effect on a resident of that state.

Question 5

Jenny's Cupcake a small bakery located in Colorado maintains a Pinterest account to post pictures of its cupcake creations. Kim, who lives in New York, sees Jenny's Cupcake bakery items on Pinterest and emails Jenny's to order 12 dozen cupcakes to be delivered to her home in New York. Outraged that Jenny's Cupcake refuses to do as she requested, Kim files a lawsuit in New York against Jenny's Cupcakes. Based upon the facts provided, would New York have personal jurisdiction over Jenny's Cupcake?

Accepted Answer

A)  Yes as mere presence on social media forums subjects an individual to personal jurisdiction in any state in which the post if viewed. 
B)  Yes as Pinterest is a national forum thus subjecting anyone who posts to national personal jurisdiction. 
C)  No as a passive website is not enough as the sole basis for personal jurisdiction. 
D)  No because Jenny's Cupcake is located in Colorado and that is the only state that has personal jurisdiction. 
A)  Yes as mere presence on social media forums subjects an individual to personal jurisdiction in any state in which the post if viewed. 
B)  Yes as Pinterest is a national forum thus subjecting anyone who posts to national personal jurisdiction. 
C)  No as a passive website is not enough as the sole basis for personal jurisdiction. 
D)  No because Jenny's Cupcake is located in Colorado and that is the only state that has personal jurisdiction.

Question 6

Stare Decisis means

Accepted Answer

A)  Courts should follow precedent. 
B)  Courts must attempt to support the marginalized. 
C)  Courts should seek to decide each case based upon the unique set of facts each presents itself. 
D)  Courts must determine the outcome of a case based upon each judge's person moral and judicial opinion. 
A)  Courts should follow precedent. 
B)  Courts must attempt to support the marginalized. 
C)  Courts should seek to decide each case based upon the unique set of facts each presents itself. 
D)  Courts must determine the outcome of a case based upon each judge's person moral and judicial opinion.

Question 7

If a lower court deviates from precedent,

Accepted Answer

A)  The court must receive the approval of the appellate court before making a decision. 
B)  That case will automatically be declared unconstitutional. 
C)  The court must assert a legal or factual difference from precedent. 
D)  The case will be dismissed for lack of subject matter jurisdiction. 
A)  The court must receive the approval of the appellate court before making a decision. 
B)  That case will automatically be declared unconstitutional. 
C)  The court must assert a legal or factual difference from precedent. 
D)  The case will be dismissed for lack of subject matter jurisdiction.

Question 8

Appellate courts have the role of __________ because they review decisions of the lower courts.

Accepted Answer

A)  Common law 
B)  Judicial review 
C)  Statutory review 
D)  Regulatory review 
A)  Common law 
B)  Judicial review 
C)  Statutory review 
D)  Regulatory review

Question 9

Which statement about the U.S. court system is correct?

Accepted Answer

A)  When a state judicial system is exhausted then the party must switch to the federal judicial system. 
B)  The state and the federal courts are two separate structures that operate in tandem. 
C)  The federal court system always has the authority to overrule any state court system. 
D)  The state court system must be reviewed by the federal court system. 
A)  When a state judicial system is exhausted then the party must switch to the federal judicial system. 
B)  The state and the federal courts are two separate structures that operate in tandem. 
C)  The federal court system always has the authority to overrule any state court system. 
D)  The state court system must be reviewed by the federal court system.

Question 10

Suppose the 9 th U.S. Circuit Court of Appeals interpreted freedom of speech to include posts on social media and the 7 th U.S. Circuit of Appeals specifically ruled that freedom of speech did not include social media posts, how would this split be resolved?

Accepted Answer

A)  It would not because Circuits' rulings only apply in their Circuit. 
B)  The U.S. Supreme Court could choose to resolve the conflict. 
C)  It would go to a vote by the general population of the United States. 
D)  The Circuit Court Judges would argue the case in front of the U.S. Supreme Court. 
A)  It would not because Circuits' rulings only apply in their Circuit. 
B)  The U.S. Supreme Court could choose to resolve the conflict. 
C)  It would go to a vote by the general population of the United States. 
D)  The Circuit Court Judges would argue the case in front of the U.S. Supreme Court.

Question 11

When two or more locations have jurisdiction over a case, __________ determines which location would be the most appropriate location from a fairness perspective.

Accepted Answer

A)  Forum 
B)  Equity 
C)  Litigation 
D)  Venue 
A)  Forum 
B)  Equity 
C)  Litigation 
D)  Venue

Question 12

The Federal Circuit Court of Appeals in Washington D.C. hears

Accepted Answer

A)  All cases as it has national jurisdiction. 
B)  Cases involving patents, copyrights and trademarks. 
C)  Cases involving family law disputes. 
D)  Cases involving impeachment proceedings. 
A)  All cases as it has national jurisdiction. 
B)  Cases involving patents, copyrights and trademarks. 
C)  Cases involving family law disputes. 
D)  Cases involving impeachment proceedings.

Question 13

Integral to Business Model is a standard used to determine if

Accepted Answer

A)  Internet presence is sufficient to establish personal jurisdiction for a business. 
B)  Internet presence is sufficient to establish subject matter jurisdiction for a business. 
C)  Internet presence is sufficient to establish venue for a business. 
D)  Internet presence is sufficient to establish minimum contacts for a business. 
A)  Internet presence is sufficient to establish personal jurisdiction for a business. 
B)  Internet presence is sufficient to establish subject matter jurisdiction for a business. 
C)  Internet presence is sufficient to establish venue for a business. 
D)  Internet presence is sufficient to establish minimum contacts for a business.

Question 14

Jeane sues the local newspaper for defamation when they publish and article about her. She feels that their actions are so extreme and outrageous that she states that she will file her case directly with the U.S. Supreme Court. Will this be allowed?

Accepted Answer

A)  Yes because the suit is dealing with a Constitutional right, freedom of speech. 
B)  Yes if the U.S. Supreme Court accepts the case. 
C)  No, trial courts are the courts of original jurisdiction and therefore it must start there. 
D)  No because the Supreme Court does not hear cases involving private citizens. 
A)  Yes because the suit is dealing with a Constitutional right, freedom of speech. 
B)  Yes if the U.S. Supreme Court accepts the case. 
C)  No, trial courts are the courts of original jurisdiction and therefore it must start there. 
D)  No because the Supreme Court does not hear cases involving private citizens.

Question 15

Delaware has a specialized court that specifically hears commercial matters that is called a(n)

Accepted Answer

A)  Equity court 
B)  Criminal court 
C)  Chancery court 
D)  Common law court 
A)  Equity court 
B)  Criminal court 
C)  Chancery court 
D)  Common law court

Question 16

The Supreme Court reviewing actions of other branches of government to make sure they are consistent with existing laws and the Constitution is called

Accepted Answer

A)  Law review 
B)  Statutory review 
C)  Regulatory review 
D)  Judicial review 
A)  Law review 
B)  Statutory review 
C)  Regulatory review 
D)  Judicial review

Question 17

For a state court to have the authority to hear a case and issue an enforceable ruling that court must have

Accepted Answer

A)  Only personal jurisdiction 
B)  Only subject jurisdiction 
C)  Only proper venue 
D)  Both subject matter jurisdiction and personal jurisdiction 
A)  Only personal jurisdiction 
B)  Only subject jurisdiction 
C)  Only proper venue 
D)  Both subject matter jurisdiction and personal jurisdiction

Question 18

Suppose a Michigan court was faced with an issue that has never been heard in that state, a case of first impression where there is no binding authority, which statement is correct?

Accepted Answer

A)  The court will refuse to hear the case. 
B)  The court can look to other states' precedent as a persuasive authority. 
C)  The court must rely on the federal precedent established. 
D)  The court can dismiss the case for lack of subject matter jurisdiction. 
A)  The court will refuse to hear the case. 
B)  The court can look to other states' precedent as a persuasive authority. 
C)  The court must rely on the federal precedent established. 
D)  The court can dismiss the case for lack of subject matter jurisdiction.

Question 19

The family law court in Illinois has what type of authority?

Accepted Answer

A)  General 
B)  Reserved 
C)  Limited 
D)  Discretionary 
A)  General 
B)  Reserved 
C)  Limited 
D)  Discretionary

Question 20

During a trial, the plaintiff Jeff, asserts that the same trial court, with the same judge, decided a case with very similar facts in favor of the plaintiff. He therefore states that in his current trial, the trial court must follow the precedent set the previous week in a similar trial. Which statement is true?

Accepted Answer

A)  The trial court must follow the precedent set by other trial courts in the same jurisdiction. 
B)  The trial court has the discretion to follow the precedent established in other trial courts. 
C)  The trial court will only establish the precedent established in another trial court if the judge views the set of facts substantially similar. 
D)  The trial court does not establish precedent. 
A)  The trial court must follow the precedent set by other trial courts in the same jurisdiction. 
B)  The trial court has the discretion to follow the precedent established in other trial courts. 
C)  The trial court will only establish the precedent established in another trial court if the judge views the set of facts substantially similar. 
D)  The trial court does not establish precedent.

Exam 4: The American Judicial System, Jurisdiction, and Venue

The two part test for personal jurisdiction requires the court to look for a long-arm statute and

In a recent fictitious decision of the Supreme Court of Pennsylvania, Shrute v. Halpert, the court interpreted the U.S. Constitutionally guaranteed Second Amendment right to bear arms to mean, the right of a person to own one shotgun, and no other weapons. This decision

Tucker sues Nick for breach of contract. Nick is the

Stare Decisis means

If a lower court deviates from precedent,

Appellate courts have the role of __________ because they review decisions of the lower courts.

Which statement about the U.S. court system is correct?

Suppose the 9 th U.S. Circuit Court of Appeals interpreted freedom of speech to include posts on social media and the 7 th U.S. Circuit of Appeals specifically ruled that freedom of speech did not include social media posts, how would this split be resolved?

When two or more locations have jurisdiction over a case, __________ determines which location would be the most appropriate location from a fairness perspective.

The Federal Circuit Court of Appeals in Washington D.C. hears

Integral to Business Model is a standard used to determine if

Jeane sues the local newspaper for defamation when they publish and article about her. She feels that their actions are so extreme and outrageous that she states that she will file her case directly with the U.S. Supreme Court. Will this be allowed?

Delaware has a specialized court that specifically hears commercial matters that is called a(n)

The Supreme Court reviewing actions of other branches of government to make sure they are consistent with existing laws and the Constitution is called

For a state court to have the authority to hear a case and issue an enforceable ruling that court must have

Suppose a Michigan court was faced with an issue that has never been heard in that state, a case of first impression where there is no binding authority, which statement is correct?

The family law court in Illinois has what type of authority?

Legal Foundations and Thinking Strategically

Business, Societal, and Ethical Contexts of Law

Business and the Constitution

Resolving Disputes: Litigation and Alternative Dispute Resolution

Contracts: Overview, Definition, Categories, and Source of Law

Mutual Assent: Agreement and Consideration

Capacity and Legality

Enforceability

Performance

Breach and Remedies

Contracts for the Sale of Goods: Overview of Article 2

Sales Contracts: Agreement, Consideration, and the Statute of Frauds

Title, Allocation of Risk, and Insurable Interest

Performance and Cure in Sales Contracts

Breach and Remedies in a Sales Transaction

UCC Article 2A: Lease Contracts

Sales Warranties

Definition, Creation, and Categories of Negotiable Instruments

Negotiation, Endorsements, and Holder in Due Course

Liability, Defenses, and Discharge

Checks, Deposits, and Financial Institutions

Secured Transactions

Creditors Rights

Alternatives for Insolvent Borrowers

Bankruptcy

Choice of Business Entity and Sole Proprietorships

Partnerships

Limited Liability Partnerships and Limited Liability Companies

Corporations: Formation and Organization

Corporate Transactions: Acquisitions and Mergers

Overview of the Securities Market: Definition, Categories, and Regulation

Regulation of Issuance: The Securities Act of 1933

Regulation of Trading: The Securities Exchange Act of 1934

Regulation of Corporate Governance

Regulation of Financial Markets

Agency Formation, Categories, and Authority

Duties and Liabilities of Principals and Agents

Employment at Will

Employment Regulation and Labor Law

Employment Discrimination

Torts and Products Liability

Administrative Law

Consumer Protection

Criminal Law and Procedure

Insurance Law

Environmental Law

Personal Property, Real Property, and Land Use Law

Wills, Trusts, and Estates

Intellectual Property

Filters

Suppose the 9 ^th U.S. Circuit Court of Appeals interpreted freedom of speech to include posts on social media and the 7 ^th U.S. Circuit of Appeals specifically ruled that freedom of speech did not include social media posts, how would this split be resolved?