OSU BA 230-- Quiz 2 Winter 2017

Kidtoys, Inc., sells a toy truck with dangerous defect. Phil buys the truck for his son but discovers the defect before the child is injured. Phil files a suit against Kidtoys. Kidtoys could ask for dismissal of the suit on the basis that Phil does not have A. Standing. B. jurisdiction. C. Venue. D. Sufficient minimum contacts.

A. Standing.

Long-arm statutes: A. Give state courts automatic jurisdiction over out-of-state defendants. B. Are simply procedural statutes that still require minimum contacts for use. C. Have been ruled unconstitutional. D. None of the above

B. Are simply procedural statutes that still require minimum contacts for use.

Alpha Company, a business firm based in California, advertises on the Web. A court in New Jersey would be most likely to exercise jurisdiction over Alpha if Alpha A. Interacted with any New Jersey resident through its Web site. B. Conducted substantial business with New Jersey residents at its Web site. C. Only advertised without interactivity at its Web site. D. All of the above.

B. Conducted substantial business with New Jersey residents at its Web site.

Emma Samuels is a resident of St. Johnsbury, Vermont. She was injured in an auto accident when a resident of Burlington, Vermont, struck her car from behind. Emma wishes to bring suit to recover her medical costs and the costs of repair to her car. Emma's suit: A. Is properly brought in federal court in Vermont because the drivers were residents of different cities. B. Is properly brought in Vermont's general trial court. C. Is properly brought in U.S. Court of Claims since two U.S. citizens were involved. D. None of the above.

B. Is properly brought in Vermont's general trial court.

Small claims courts are: A. Also known as probate courts. B. Federal specialty courts. C. Part of the state court system. D. Also known as courts of claim.

C. Part of the state court system.

The Ohio state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is A. The president of the U.S. B. The U.S. Congress C. The courts D. The governor of Ohio

C. The courts

Alan files a suit against BiggCorp in a California superior court, which has general jurisdiction. Corner Store files a suit against Donna in a California municipal court, which has limited jurisdiction. The difference between general and limited jurisdiction lies in A. Whether a case is being heard for the first time. B. Whether a court is exercising in personam or in rem jurisdiction. C. The subject matter of the cases that court can decide. D. Whether a case is brought by a citizen or by a business entity.

C. The subject matter of the cases that court can decide.

The minimum amount required for a federal diversity suit is: A. There is no minimum amount if there is diversity. B. $10,000 C. $50,000 D. $75,000

D. $75,000

Sam, a citizen of New Mexico, wants to file a suit against Tanya, a citizen of Texas. Their diversity of citizenship may be a basis for A. The U.S. Supreme Court to issue a writ of certiorari. B. Any court to exercise in rem jurisdiction. C. A U.S. court of appeals to exercise appellate jurisdiction. D. A federal district court to exercise original jurisdiction.

D. A federal district court to exercise original jurisdiction.

Paula, a resident of California, owns a farm in Iowa. A dispute arises over the ownership of the farm with Don, a resident of Nevada. Don files a shot against Paula in Iowa. Regarding this suit, Iowa A. Cannot exercise jurisdiction. B. Can exercise diversity jurisdiction. C. Can exercise in personam jurisdiction. D. Can exercise in rem jurisdiction.

D. Can exercise in rem jurisdiction.

A state court cannot exercise jurisdiction over all of the property located within the boundaries of the state.

False

A state court system is typically made up of trial courts, appellate courts, and federal district courts.

False

Diversity of citizenship and a claim of $75,000 or more and a federal question are required for a federal district court to take jurisdiction on a case.

False

A court can have in personam jurisdiction over an out-of-state defendant by the defendant's consent.

True

Before a state court can exercise jurisdiction over an out-of-state defendant, it must be shown that he or she had minimum contacts with the state.

True

Generally, a state court can exercise jurisdiction over anyone within the boundaries of the state.

True

Long-arm statutes give courts power to take jurisdiction over parties in other states in some cases.

True

Small claims courts are state courts of original jurisdiction in which minimal damage suits are tried.

True

Some courts conclude that doing substantial business in a jurisdiction exclusively over the Internet is enough to support jurisdiction over an out-of-state defendant.

True

The courts act as a check on the other branches of government.

True