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

Question 1

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

Answer 1

Chancery

Question 2

The party petitioning or asking for an appeal is called the _______.

Answer 2

Appellant

Question 3

Justice of the Peace,municipal court,small claims court and local district courts are generally referred to as ________ courts.

Answer 3

Inferior

Question 4

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

Question 5

The highest court in the state is always called that state's Supreme Court.

Question 6

Diversity jurisdiction must be shown to bring an appeal in a state's highest court.

Question 7

If a state appellate court renders a decision on a new issue,that state decision will become precedent for any federal court decisions when the federal court is located within the state and the decided issue is one of state law.

Question 8

A state family court that only hears divorce and child related matters would be said to have ________ jurisdiction.

Question 9

The court's authority over disputes between the parties is called ________ jurisdiction.

Question 10

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

Question 11

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.

Question 12

In recent years,the Supreme Court of the United States has generally accepted only about 10% of the petitions for a Writ of Certiorari made to the court each year.

Question 13

A court may hear a case if it has jurisdiction over either the subject matter of the dispute or over the parties in the case.

Question 14

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

Question 15

When a Mississippi defendant does business or extensively advertises in Louisiana,they subject themselves to personal jurisdiction in Louisiana based on the concept of _______.

Question 16

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

Question 17

The majority of cases filed in the U.S.are filed in state courts.

Question 18

The U.S.Constitution requires that all state court judges be appointed by the state's governor,subject to the approval of the state's legislature.

Question 19

A person with an ownership interest in a business venture is called a _______.

Question 20

Not all courts have the authority to hear all cases.

Question 21

In Estate of Weingeroff v.Pilatus Aircraft,the fact that Pilatus had purchased over $1,000,000 in products and services from Pennsylvania suppliers was not sufficient to establish minimum contacts or show purposeful availment in Pennsylvania,sufficient to establish personal jurisdiction.

Question 22

The Federal Circuit Court of Appeals,located in Washington
D.C., has exclusive jurisdiction to hear appeals from federal courts of appeals throughout the country prior to their appeal to the U.S. Supreme Court.
The Federal Circuit Court of Appeals, located in Washington
D.C., has exclusive jurisdiction to hear patent, copyright and trademark cases or cases where the U.S. is named as a defendant.

Question 23

A business entity is considered a person in terms of assessing personal jurisdiction.

Question 24

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

Question 25

Delaware and New Jersey are separated by the Delaware River.New Jersey has started to build a pier extending well into the river and Delaware claims that the construction will infringe on Delaware's navigational rights.If a law suit is filed,it must be filed in either Delaware or New Jersey state court.

Question 26

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.

Question 27

The United States has adopted the country of origin principle to determine the application of law in international on-line disputes.

Question 28

Kathy and Tom are filing for divorce.Their marital home,that they still live in,is worth $7.5M and their furniture and other assets are worth in excess of $25M.Kathy wants half of everything and Tom doesn't think she deserves more than 25%.They may file in federal court to have their dispute adjudicated.

Question 29

The effects test has been used by courts to establish personal jurisdiction over out-of-state defendants for both intentional and unintentional acts which have caused harm to in-state plaintiffs.

Question 30

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.

Question 31

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.

Question 32

State long-arm statutes are used to establish subject matter jurisdiction over out-of-state defendants.

Question 33

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.

Question 34

Diversity jurisdiction is a form of federal personal jurisdiction.

Question 35

A state probate court which hears only wills and estate matters is generally described as having limited authority or jurisdiction.

Question 36

According to the Zippo standard,web sites that provide information but do not provide the opportunity to conduct on-line transactions are deemed to be passive and do not create personal jurisdiction over the defendant company that operates the site.

Question 37

According to the Zippo standard for assessing minimal contacts by an out-of-state Internet based company,it is possible for a passive web site to also be considered a site integral to the company's business model.

Question 38

A state court may not unilaterally declare or decide that proper venue for a case should be in another state.

Question 39

The physical presence of an out-of-state party in a particular state is generally an automatic basis for jurisdiction over the defendant by both that state's courts and the federal trial court within that state.

Question 40

According to the Zippo standard,any website that is in any way interactive with customers will be sufficient to create personal jurisdiction over a nonresident company.

Question 41

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?

A) the U.S. Supreme Court has not yet directly ruled on the issue
B) the Zippo Standard, established in Zippo Manufacturing Company v. Zippo Dot Com, Inc., is not legally binding precedent
C) at least six federal circuit courts have adopted the Zippo Standard as the legal framework to assess minimum contacts
D) the Zippo standard sets a rigid test to establish minimum contacts by requiring that at least a minimum of 5% of the state's population visit the company's web site

Question 42

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

A) for a different judge due to the assigned judge's potential bias.
B) to move the trial from a state trial court to a federal court in the same state.
C) to move the trial from one state to another due to the potential unfairness of a trial in the first state.
D) to change the charges that the defendant has originally arrested for and is now on trial for

Question 43

The ultimate arbiter of federal law is:

A) the Senate.
B) the President.
C) the U.S. Supreme Court.
D) the full Congress

Question 44

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

A) will be precedent in New York courts only.
B) will be precedent in New York courts and the courts of states immediately surrounding New York.
C) will be precedent in the courts of all 50 states.
D) will not be precedent in any U.S. courts

Question 45

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:

A) they maintain a P.O. Box to receive mail which is then forwarded to the main office in Arizona.
B) they advertise their products in Delaware newspapers.
C) their sales personnel drive through Delaware to go to offices in Maryland.
D) they sell products to Delaware residents using the USPS for delivery

Question 46

Federal court judges are:

A) selected by the President without outside confirmation.
B) nominated by the President and subject to full Congressional confirmation.
C) nominated by the President and subject to Senate confirmation.
D) nominated by the President and subject to House of Representative confirmation

Question 47

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

A) the Pennsylvania Supreme Court
B) the U.S. Supreme Court
C) the U.S. District Court
D) the Michigan Appellate Court

Question 48

Because it is not a state,cases arising in Washington

A) a specially appointed court that reports directly to the U.S. Supreme Court.
B) courts from the Virginia state system because Virginia is the closest state.
C) the Federal Circuit Court of Appeals.
D) the Court of Appeals for the District of Columbia
D)C. are heard by:

Question 49

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

A) presentation of testimony and new evidence
B) oral arguments by each side's attorneys
C) consideration of briefs prepared by each side's attorneys outlining the law and applicable precedent pertinent to the case
D) review of lower court transcripts and rulings

Question 50

Diversity jurisdiction requires citizens of two different states:

A) or a controversy of $50,000 or more.
B) and a controversy of $50,000 or more.
C) or a controversy of $75,000 or more.
D) and a controversy of $75,000 or more

Question 51

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

A) the defendant must transact business within the plaintiff's state borders
B) the defendant must have violated a plaintiff's state statutory law
C) the defendant must have committed negligence resulting in loss to the plaintiff within the plaintiff's state borders
D) the defendant owns property in the plaintiff's state

Question 52

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

A) Texas courts refused to follow the Zippo standard because Zippo was decided by a federal district court, a court which does not establish precedent.
B) the court adopted the Zippo standard and found that the AAAA site had no level of interactivity so no minimum contacts were established.
C) the court adopted the Zippo standard and found significant interactivity and more than sufficient minimum contacts but reasoned that Vermont was so distant from Texas that it would be unfair to subject AAAA to a Texas lawsuit.
D) the court adopted the Zippo standard and found that there was minimal interactivity on the AAAA site which didn't rise to the level of minimum contacts sufficient to create personal jurisdiction in Texas

Question 53

The principal federal trial court is the:

A) U.S. District Court.
B) U.S. Court of Appeals.
C) U.S. Circuit Court.
D) U.S. Supreme Court

Question 54

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:

A) a change in personal jurisdiction.
B) a change in subject matter jurisdiction.
C) a change in venue.
D) a change using a long-arm statute

Question 55

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

A) the defendant also maintains an office in the forum state.
B) the defendant, at minimum, has employees that enter the forum state to conduct business.
C) the e-mail is an integral part of an ongoing business relationship even if no offices or personnel are within the forum state.
D) the e-mail specifically references a voluntary intention by the parties to submit to the forum state's personal jurisdiction

Question 56

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?

A) four
B) five
C) six
D) the vote must be unanimous

Question 57

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:

A) because Pilatus was a Swiss company they are immune from civil law suits.
B) Pilatus wins because the $1M+ that they spent in Pennsylvania was too insignificant to create minimum contacts and no specific marketing was done targeted to Pennsylvania.
C) Weingeroff wins because spending over $1M in Pennsylvania satisfied the minimum contacts requirement to create jurisdiction.
D) Weingeroff wins because Pilatus conducted a nationwide marketing campaign and specifically manufactured planes to meet FAA compliance constituting purposeful availment

Question 58

The "effects test" is utilized:

A) to determine the amount of damages a defendant must pay the plaintiff.
B) by the U.S. Supreme Court to decide whether to accept a case for review.
C) by a federal court to determine whether state precedent should apply to a case they are adjudicating.
D) to establish personal jurisdiction over an out-of-state defendant in certain cases when minimum contacts do not otherwise exist

Question 59

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?

A) because the country of reception approach would be utilized, Finnish law will apply because the products initially went to Finland where the Finnish servers were located
B) because the country of reception approach will be utilized, Swedish law will apply because the products were ultimately received in Sweden where the Swedish servers were located
C) because the county of origin rule will apply, U.S. law will apply because the defendant's servers are in the U.S.
D) because the country of origin rule will apply, the International Court of Justice will have to determine where the dispute actually arose and would award jurisdiction to that country

Question 60

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:

A) state selection clause.
B) venue selection clause.
C) site selection clause.
D) forum selection clause

Question 61

Which of the following will not create minimum contacts in a state sufficient to find personal jurisdiction on an out-of-state defendant?

A) maintenance of a web site that provides information about a company's products and that provides an address or number that a customer can contact to obtain an order form to purchase products directly from the company
B) a company maintains an office in the forum state that is manned once a week by employees
C) a company sends sales personnel into the forum state to conduct business but does not maintain an office within the forum state
D) a company maintains no physical office within a state and does not send sales personnel in to conduct business but they target advertise in the forum state providing special products and discounts for the forum state's residents

Question 62

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

A) mere regular circulation of a magazine is insufficient alone to create jurisdiction if no physical presence of the defendant can be shown in the state.
B) regular circulation of a magazine is sufficient to establish jurisdiction in a defamation case because of the potential for injurious effects of defamatory articles even without an otherwise physical presence of the defendant.
C) Hustler, due to its pornographic nature loses constitutional protections and is subject to personal jurisdiction based on fundamental fairness for the plaintiff.
D) regular circulation of a magazine is considered a physical presence in a forum state due to the tangible nature of the magazine itself

Question 63

Christine is a resident of Delaware and while shopping in Pennsylvania,is assaulted by Puuki,a New Jersey resident.Ordinarily,venue in this case would originally be in:

A) Delaware.
B) Pennsylvania.
C) New Jersey.
D) in the state chosen by Christine because multiple states are involved

Question 64

Which of the following situations will create diversity jurisdiction?

A) New York sues Virginia to stop the sale of firearms to New York residents
B) April, a Delaware resident, is a student at the state university in Delaware and sues for $1,000,000 after she is molested on campus due to lack of appropriate security
C) April, a Delaware resident, is a student at an out-of-state university and sues the school for a $50,000 tuition refund when she must leave for a semester for a personal family emergency and the school refuses a refund or credit
D) April, a Delaware resident sues Mike, a New York resident driving in Delaware, for $80,000 when he rear ends her while she's riding her bicycle and severely injures her

Question 65

Name the five instances in which a federal trial court may establish personal jurisdiction over a defendant.

Question 66

The United States Supreme Court exercises both original and appellate jurisdiction.In which matters may the court exercise its original jurisdiction?

Question 67

Fully explain the components of the Zippo standard as they are used to establish or refute minimal contacts regarding out-of-state Internet company defendants.

Question 68

You are a defense attorney representing a man who has ignited a bomb in the public building in the city of Xanadu,a small city.It appears that everyone in Xanadu knew someone that died in the blast.The crime has been front page news every day for a year and local television personalities have consistently ranted about your client's guilt.You want to have the trial moved to another city.What is your argument and should it be successful?

Question 69

Piet,a Delaware resident,goes out to dinner at Ed's House of Crabs,a restaurant incorporated and operating in Maryland.As Piet walks to his table,he slips on some crab parts that had fallen to the floor and had not been cleaned up by Ed's staff.He suffers a severe back injury that requires multiple operations and extensive therapy.As Piet prepares to file a law suit for negligence,what are Piet's options with regard to jurisdiction and venue in determining which court to file the suit in?

Question 70

With regard to federal question jurisdiction:

A) the case may be filed in either state or federal court.
B) the case may only be filed in state court if the controversy is $75,000 or more.
C) the case may only be filed in federal court if the controversy is $75,000 or more.
D) the case may only be filed in federal court and the amount in controversy is irrelevant

Question 71

Minzer Corp.is considering a law suit against Salter,Inc.for patent infringement.Minzer is Delaware Corporation and Salter is located in Utah.If the case is brought in Utah,what issues should the Minzer Board of Directors consider when deciding whether to file and pursue the case?

Question 72

With regard to international business transactions conducted on-line,what are the two theories used to determine whose law applies in a dispute?

Question 73

Fancy Frames Bicycles,Inc.is a small company in State A that manufactures custom high end bicycle frames for sale to consumer cyclists.They have a single office/plant but they maintain a web site with information about their products with contact information,but no ability to order products on-line.Mike,a State B resident runs a similar custom bicycle frame making shop that is successful but growing increasingly stagnant.After visiting the Fancy Frames site he is impressed.He has contacted Fancy Frames about closing his business and becoming a local manufacturer and distributor for them.Fancy Frames is intrigued by the idea and the parties have exchanged numerous e-mails for over a year discussing the proposed business relationship.Finally Fancy Frames writes to Mike that the deal is a go and the papers will be sent to him immediately.Mike closes his business and awaits the papers.When they arrive he sees that the deal provides him with a salary but has left out the commission that the e-mails had promised.He sues Fancy Frames in the State B District Court.Will the court have personal jurisdiction over Fancy Frames? What theory or theories might the court examine in determining personal jurisdiction?
B. It must be adopted and accepted by State B to be applied.

Question 74

Which of the following involves the analysis of personal jurisdiction?

A) application of a long-arm statute
B) diversity jurisdiction
C) federal question jurisdiction
D) enforcement of a state or federal criminal law

Question 75

The Zippo standard requires a case by case analysis:

A) whenever the web site in question is considered passive.
B) whenever the web site in question is considered interactive.
C) whenever the web site in question is considered integral to the business model.
D) whenever a web site is involved regardless of how it is classified

Question 76

The Supreme Court case of Pennoyer v.Neff articulated a framework for the exercise of personal jurisdiction by lower courts:

A) that applied to federal courts only and was based on providing fairness to the parties with constitutional requirements related to due process.
B) that applied to state courts only and was based on providing fairness to the parties with constitutional requirements related to equal protection.
C) that applied to both federal and state courts and was based on providing fairness to the parties with constitutional requirements related to equal protection.
D) that applied to both federal and state courts and was based on providing fairness to the parties with constitutional requirements related to due process

Question 77

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:

A) the citizen was defamed but jurisdiction over Dow Jones couldn't be established because the defendant had no physical presence in Australia.
B) the citizen was defamed but jurisdiction over Dow Jones couldn't be established because the defendant's servers were in America and the article had been uploaded in the U.S. so it was considered published in the U.S. and not subject to Australian law.
C) the citizen was defamed and jurisdiction over Dow Jones was established because under American law, the defendant's web site was interactive and sufficiently established minimum contacts creating jurisdiction.
D) the citizen was defamed and publication of the article occurred when the article appeared and could be read on a user's computer screen establishing jurisdiction in Australia

Question 78

Name the three instances where a federal court may establish subject matter jurisdiction over a defendant.

Question 79

A forum selection clause:

A) is written into a contract when the contract is entered into.
B) is created by the contracting parties after the dispute arises after they analyze the fairest location for the trial.
C) is created by the court after determining where jurisdiction is the strongest.
D) is created by the parties after the dispute arises based on the type of dispute and which state's court has the appropriate precedent and statutory law to hear the case

Question 80

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?