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

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:

Not all courts have the authority to hear all cases.

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?

If an Oregon Corporation sues the Environmental Protection Agency,a federal administrative agency,they may sue in either an Oregon State court or in a federal district court located in Oregon.

When a United States company conducts business with a foreign company on-line,United States law will automatically apply to the transaction should there be a dispute.

When an appellate court sends a case back to a lower court for further action,the court is said to ________ the case.

Mountain Stuff is a Colorado Corporation selling mountain climbing equipment.They maintain a web site that provides information about their products as well as general information about mountain climbing.A consumer cannot purchase equipment directly from the site but can request order forms to purchase equipment directly from Mountain Stuff.Mountain Stuff maintains no offices outside of Colorado and no products are sold by retailers outside of Colorado.On the web sites general information portion of the site they print an article accusing Utah Mountain Sports,a competitor,of intentionally manufacturing and selling defective and sub standard equipment following an accident by climbers using Utah Mountain Sports equipment.There is no direct proof referenced in the article and in fact the article is incorrect.Never-the-less,articles are written referencing the Mountain Stuff statements and Utah Mountain Sports has seen an otherwise unexplained 10% decline in their typically $1 million a month sales in each of the three months since the article was published.If Utah Mountain Sports sues in federal court in Utah,will the court be able to find personal and subject matter jurisdiction under these circumstances?

The "effects test" is utilized:

A discretionary order issued by the Supreme Court and other federal courts granting a request to argue an appeal is called a _______.

Minimum contacts in a state need not be shown if an out-of-state corporation's conduct has the reasonably foreseeable potential to cause injurious effects to a forum state plaintiff.

If Nevada sues the federal government over the constitutionality of a new federal statute,because the United States is a party,the suit may be brought in either the state's highest court or in federal court.

States provide an automatic right to appeal inferior court decisions,usually to the state's trial court.

All American tax payers are allowed to bring any case they want to in federal court at any time.

Diversity jurisdiction requires citizens of two different states:

Once a federal judge is confirmed and sworn in,they may only be removed by death,retirement or _______.

E-mail communications between parties in an ongoing business relationship has been found to create sufficient minimum contacts to establish personal jurisdiction without a separate physical presence and is the prevailing law throughout the U.S.

Which of the following involves the analysis of personal jurisdiction?

In Keeton v.Hustler Magazine,the New Hampshire court determined that:

Delaware's court which exclusively hears commercial matters is called the Delaware ________ Court.

In 2002,Australia's highest court ruled on a defamation case where an Australian citizen claimed to have been defamed by a Dow Jones article published on the defendant's web site.They found: