Chap. 4 Questions

Ruby is injured in a car accident, which was Bubba's fault. She sued him for $150,000 alleging negligence which involves a question of state law. Ruby is a citizen of North Carolina, while bubba is a resident of Tennessee. The accident occurred while bother were on vacation in Virginia. Which court could NOT have jurisdiction

A North Carolina state court

According to the Erie Doctrine

All of the above are correct

Judy sues Ralph concerning violations of federal copyright laws in federal court for the northern district of Illinois. Ralph's witnesses are all in southern Illinois, so he would the case moved. What should he do

Ask for a change of venue

The chief function of the US Supreme Court is to act as the final court of review over all cases in the federal courts, as well as over some cases in the state courts. In addition to review this function, the US Supreme Court has original subject-matter jurisdiction in

Both A and B

Under our legal system, jurisdiction over the defendant's person rests on three factors: (1) the person's domicile or residence in the place where sued, (2) proper service of process on the person in the place where sued, and (3) the person's consent to the suit. Which of the following would be considered a situation in which a person could give consent to the suit?

Both A and B are true.

Which of the following is a true statement about the US Court of Appeals

Each of the judicial circuits has only one Court of Appeals

During the early years of our nation, legal systems were greatly influenced by the legal systems of

England

Except in matters governed by the federal Constitution or by acts of Congress, the law to be applied in any case is the law of the state. Moreover, whether the law of the state shall be declared by its legislature in a statute or by its highest court in a decision is not a matter of federal concern. This rule to be applied by the federal court system is found in

Erie Railroad Company vs. Tompkins

A civil action initially filed in federal court can be removed by the defendant to an appropriate state court which has jurisdiction

False

Appellate courts hear witnesses, determine facts, and apply the law

False

Approximately 47 percent of filed cases are ultimately resolved by trials

False

Every state court system is organized like the federal court system, per the US Constitution

False

In civil cases, only the defendant may appeal to a higher court

False

The US Supreme Court and the US Court of Appeals are specifically established by the US Constitution

False

The primary trial court in the federal justice system is called the US Court of Claims

False

Under the Erie Doctrine, federal courts usually apply state procedural rules

False

Venue can be changed at any time during the trial process

False

Bensusan Restaurant Corporation owns and operates a popular, large New York City jazz club called the Blue Note. Richard King owns and operates a small cabaret in Columbia, Missouri, also called the Blue Note. King's establishment features live music and attracts its customers from central Missouri. In 1996 King decided to establish a website for the purpose of advertising his cabaret. King included a disclaimer on his website in which he gave Bensusan's club a plug, but made it clear that the two businesses were unrelated. Bensusan brought suit in the federal court alleging that King had infringed on his trademark, which is protected under federal statutory law. Which of the following statements is true?

If the New York federal court dismisses Bensusan's complaint for lack of personal jurisdiction, he could refile his complaint in either state or federal court in Missouri.

A case can be removed from state to federal court

If there is diversity of citizenship

Corporations are citizens

In the state where its headquarters are located

John Smith, a resident of Cincinnati, Ohio, stays with friends in Tennessee for the summer months. On the way to Tennessee in early June, he had an automobile accident in Kentucky with Mary Jones, a Kentucky resident. Mary wants to bring suit against John for $5,000. In which of the following courts is it possible for Mary to bring a suit against John concerning a question of state tort law?

Kentucky state court

Sludge Inc., a Wisconsin corporation has a website in Wisconsin on which it advertises its wares. The website is accessible in every state. Can a Colorado company that believes Sludge has infringed on its trademark successfully establish a basis for personal jurisdiction if suit is brought in a federal court in Colorado?

Maybe, if Sludge actively solicits Colorado business on its website, encourages customers to interact via email, promotes its toll-free number within Colorado, receives significant numbers of communications from Colorado, and generates substantial revenue from Colorado customers

Laaperi purchased a smoke detector manufactured by Black & Decker from Sears. One night, a short-circuit occurred in the Laaperi house and an electrical fire broke out. Because the circuit was shorted, the AC-operated smoke detector received no power and did not sound an alarm. As a result, the Laaperis suffered extensive personal injuries and property damages. Laaperi filed a product liability suit under state law. Assume that Black & Decker is incorporated in Delaware and has its principle place of business in Charlotte, North Carolina. Laaperi lives in North Carolina, which is where the fire occurred and the alarm system was purchased. In which court should the plaintiff file suit for alleged damages of over a million dollars?

North Carolina state court

Betty, a citizen of California, hits Bob with her automobile in Texas. It is her fault and involves a question of state, not federal law. Bob wants to bring a suit against Betty for $21,000 for personal injuries. Which court would have jurisdiction?

Texas state court

Which branches of government establishes the courts

The legislative branch

Tom Jones and Leonard Woodrock were deep-shaft coal miners in West Virginia, although Leonard lived across the border in Kentucky. Tom purchased a new Corsair, a National Motors car, from Pappy's Auto sales, a local firm in West Virginia. National Motors Corporation is a large auto manufacturer with its main factory in South Bend, Indiana, and incorporated in Kentucky. When Tom was driving Leonard home from the mine, the Corsair's steering wheel inexplicably locked. The car hurtled down a 100-foot embankment and came to rest against a tree, just a mile from the mine, in West Virginia. The Corsair, which cost $21,000, was a total loss. Tom and Leonard suffered damages of $800,000 apiece for personal injuries. They wish to file suit under state tort law.

Tom could sue National Motors in federal court, but Leonard could not.

In which court do the opposing parties establish their positions through a presentation of the facts through the evidence?

Trial court

A bench trial is heard by a judge rather than a jury

True

A party wishing to have a case reviewed by the US Supreme Court petitions the court for a write of certiorari

True

Concern about local prejudice is one reason a court might consider a change of venu

True

Land courts, housing courts, and environmental courts are courts of limited, original subject-matter jurisdiction

True

The Court of Common Pleas, found in some states, represents our shared legal history with England

True

The Erie Doctrine defines how the federal and state courts interact

True

When does the US Supreme Court grant certiorari

When important reasons exist for doing so

Which of the following is a TRUE statement

Where federal jurisdiction is based on diversity of citizenship, no plaintiff and defendant can be domiciled in the same state

In order to have a trial, there must be

a factual dispute between the parties

Assume that Sludge has generated several thousand email messages to Colorado as well as 500 contacts, and 10 percent of its sales are from Colorado sources. Which of the following would permit a Colorado court to exercise jurisdiction over the dispute?

a long-arm statute

A trial can happen

before either a judge or jury

Plaintiffs brought suit against the city under federal law, claiming that their civil rights had been violated because the authorities failed to revoke the driver's license of an epileptic, who had caused several accidents, and not revoking it had resulted in personal injury and property damage to other persons prior to his accident with plaintiffs. The plaintiffs in the case could have filed their suit in

either a state or federal trial court

In a jury trial

the judge and jury share decision-making functions