Class Questions Exam 1
Missing first answer***** Garner resides in Illinois and promotes boxing matches for SuperSports, Inc., an Illinois corporation. Garner created the promotional concept of the "Ages" fights—a series of 3 boxing matches pitting older fighter George Foreman against a younger fighter. The concept included titles for the three fights, including one titled "Battle of the Ages." Garner contacted Foreman and his manager, both Texas residents, to sell the idea, and the three agreed to meet in Las Vegas to discuss the concept. Foreman's manager signed a nondisclosure agreement (a type of contract) that prohibited him from disclosing Garner's promotional concepts unless they signed a contract. The parties NEVER signed a contract, but Foreman subsequently promoted a fight using Garner's "Battle of the Ages" concept. Garner filed suit against Foreman and his manager in federal district court in Illinois. On what basis might the federal district court in Illinois attempt to exercise jurisdiction in this case? A. Issue involves a Federal Question B. In Rem jurisdiction C. Diversity of Citizenship Jurisdiction 2. Does the federal district court have original or appellate jurisdiction? A. Original B. Appellate 3. If Garner had filed the lawsuit in Illinois state court, could an Illinois court exercise personal jurisdiction over Foreman or his manager? A. Yes B. No 4. If Garner had filed his action in a Nevada state court, would that court have personal jurisdiction over Foreman or his manager? A. Yes B. No
1. IDK 2. A. Original 3. B. No 4. Yes
Anne paid $1400 for a new computer from Lemon Corps. The computer does not work. Anne wants her money back. Anne should ask for: A. A remedy at law B. An equitable remedy
A. A remedy at law
What does an appellate court do? A. Reviews trial court proceedings to determine whether the trial court followed substantive and procedural law B. Considers questions of fact
A. Reviews trial court proceedings to determine whether the trial court followed substantive and procedural law
Max, a private citizen, is suing Sam in court. Max claims Sam breached a contract. Which of the following actions may the court take? A. The court may hold Sam liable and issue a monetary award (ordering Sam to pay Max) or equitable relief B. The court may find Sam guilty and fine or imprison him C. The court may find Max guilty and fine or imprison him
A. The court may hold Sam liable and issue a monetary award (ordering Sam to pay Max) or equitable relief
Consider model/uniform codes and choose which of the following is INCORRECT: A. Uniform codes are the law of the applicable jurisdiction at the time they are written B. Uniform codes must be adopted by a state legislature before they become law C. Even if a uniform code is not enacted, the code can have persuasive value D. A state may adopt part of a uniform law, but opt to reject other portions
A. Uniform codes are the law of the applicable jurisdiction at the time they are written
A guy knocks on the door of your home and offers to sell you what he claims is a genuine Picasso painting. You purchase the painting. A year later, the police contact you and tell you they have arrested the seller who is an internationally known art thief. The thief confessed that he stole the painting he sold to you. You did not know the painting was stolen at the time you purchased it. The victims of the theft want their painting returned. If you refuse to return the painting or to pay the victims for the painting, can you be held liable for conversion? A. Yes B. No
A. Yes
An office assistant playfully elbows his coworker in the stomach. The coworker had hernia surgery yesterday, and the elbow causes extreme pain. Has the office assistant committed a battery? A. Yes B. No
A. Yes
Can a U.S. federal court exercise personal jurisdiction over a resident of China whose only contact with the U.S. was through an interactive website that advertised and sold counterfeit goods to a U.S. citizen? A. Yes B. No
A. Yes
Carol, owner of a land development corporation, has just learned that the Office of Environmental Protection is considering adopting more stringent testing measures to verify the presence or absence of protected species on undeveloped land. Will Carol have an opportunity to view the proposed regulations and voice her opinion prior to official adoption of the regulations? A.Yes B. No
A. Yes
Fran sees Jarrod studying in the library. Trying to be funny, Fran throws a baseball at Jarrod's book from across the room. Fran misses Jarrod's book and hits Jarrod in the face. Could Fran be held liable for battery? Continuation of previous Hypo: The baseball hits Jarrod and breaks Jarrod's nose. Also, unknown to Fran, Jarrod has a rare genetic condition that causes Jarrod to immediately go into cardiac arrest when he is startled. Jarrod's heart stops, and Jarrod ultimately requires 3 months of hospital care. Could Fran be held liable for all of Jarrod's hospital bills related to the cardiac arrest? A. Yes B. No
A. Yes
Fran sees Jarrod studying in the library. Trying to be funny, Fran throws a baseball at Jarrod's book from across the room. Fran misses Jarrod's book and hits Jarrod in the face. Could Fran be held liable for battery? A. Yes B. No
A. Yes
If Ann is driving a car and purposefully aims at and runs over Bill, did Anne intend to harm Bill? A. Yes B. No
A. Yes
Paul and Mary are having an argument. Paul is standing under Mary's 2nd floor window. If Mary threatens to throw a water balloon at Paul, has Mary committed an assault? A. Yes B. No
A. Yes
Prince Charming kissed Sleeping Beauty while she was asleep. Sleeping Beauty has never met Prince Charming. When Sleeping Beauty awakes and is told about the kiss, she is upset. Could Prince Charming be held liable for battery? A. Yes B. No
A. Yes
The North Dakota state legislature has passed a provision that requires companies that burn coal to meet more rigorous clean air standards than those required by the U.S. "Clean Air Act." If challenged, is a court likely to enforce the North Dakota law? A. Yes B. No
A. Yes
While Felix is drunk, Matt threatens to push him down a flight of stairs. At the time the threat was made, Felix's friends heard him cry out in frightened protest, but the next day Felix cannot remember the incident. Has Matt committed an assault? A. Yes B. No
A. Yes
While at home surfing the web, Louisiana resident Crummey saw pictures and advertising of a RV on eBay. The sellers who posted the ads resided in Texas and regularly used eBay to sell vehicles to out-of-state customers. Crummey bought the vehicle through eBay, picked up the vehicle in Texas, and began to drive it home, but the RV broke down in Texas. Crummey wanted his money back and filed suit in Louisiana, but the sellers claimed the Louisiana court lacked jurisdiction. Did the court ultimately hold that the Louisiana court had jurisdiction? A. Yes B. No
A. Yes
A boat is dry docked in Maryland. A resident of Florida owns the boat, but a resident of New Jersey disputes this ownership. Could the state of Maryland have jurisdiction in this case? A. Yes B. No
A. Yes in rem jurisdiction Florida also has jurisdiction bc thats where the defendant is
Which party's residence or minimum contacts within the court's geographic region is/are relevant to establishing personal jurisdiction? A. Plaintiff B. Defendant
B. Defendant
Which of the following options is NOT a "primary source of law"? A. Local ordinances B. Legal treatises C. A court opinion/decision D. A state constitution
B. Legal treatises
A tabloid newspaper publishes a story that indicates celebrity Jennifer Hudson has a drinking problem. In fact, Hudson does not have a drinking problem, but the newspaper has collected dozens of paparazzi pictures of Hudson drinking alcohol. If Hudson sues the tabloid newspaper for defamation, will Hudson be likely to win? A. Yes B. No
B. No
Ben throws a rock at Cindy while Cindy is not looking. Has Ben committed an assault? A. Yes B. No
B. No
Courtney owns a single family home on 1 acre of land. The home is set back approximately 150 feet from the road. She has a driveway on the left of her house and a walkway leads from the driveway to the front door. She has no fence. Courtney has not posted any "no trespassing" signs around her property, but she hates visitors. Matt is new in town, and he want to meet his neighbors. Matt walks up Courtney's driveway, onto the path to her front door, and knocks on her door. Courtney is terrified. Can Courtney sue Matt for trespass? A. Yes B. No
B. No
If Bill picks up a heavy box and accidentally drops it on Ann, did Bill intend to harm Ann? A. Yes B. No
B. No
Sally has posted "No Trespassing" signs on her property. Ken is aware of Sally's signs. Yesterday afternoon while Ken was riding his bicycle on the public street in front of Sally's property, Ken accidentally lost control and crashed his bike into Sally's flower garden. (Sally's flower garden was located on Sally's property near the road). If Sally attempts to sue Ken for the damage to her garden, will Ken likely be held liable for trespass? A. Yes B. No
B. No
Todd has asked Lily to get off his land. Lily refuses and becomes belligerent. She waives her fists at Todd and attempts to kick him. Todd walks toward Lily, grabs her arms, twists her arms behind her back and holds them there, and forcibly ejects her from his property. Lily kicks, screams, and yells obscenities at Todd during the entire episode. Lily falls to the street and sues Todd for assault and battery. In most jurisdictions, will Todd be held liable for assault and battery? A. Probably Yes B. Probably No
B. Probably No
The states of Delaware and New Jersey have enacted different catch limits for recreational flounder fishermen. Delaware enacted its catch limits prior to N.J. The federal government has not enacted a federal catch limit. If challenged, which state's law will be deemed valid? A. Delaware B. NJ C. Both
C. Both
Anne paid $1400 for a new computer from Lemon Corps. The computer does not work. Anne wants her money back. If Anne wants a working computer instead of her money back, Anne should petition for the equitable relief of . . . (Hint: a purchase is a type of CONTRACT): A. Rescission B. Injunction C. Specific Performance
C. Specific Performance
Jep went to a bar downtown. At midnight, the bar owner asked Jep to leave the premises, but Jep refused. Jep told the bar owner that the bar was open to the public, and he didn't have to leave. Was Jep a trespasser? (Choose the most correct answer.) A. No, because Jep had a right to remain during the entire period the bar remained open to the public. B. Yes, Jep was a trespasser for the entire evening. C. Yes, Jep was a trespasser AFTER midnight when the bar owner asked him to leave.
C. Yes, Jep was a trespasser AFTER midnight when the bar owner asked him to leave
The New York legislature has passed a law that conflicts with a provision in the U.S. Constitution. If challenged A. A court will not enforce either provision B. The court will establish a compromise between the two provisions C. A court will enforce the New York state provision D. A court will enforce the U.S. Constitution
D. A court will enforce the U.S. Constitution
What requirements must be met before a court can "hear" a case/lawsuit? A. Jurisdiction B. Venue C. Standing to Sue D. All of the above
D. All of the above
In order to hear a particular case, the court which hears the case must have jurisdiction over the: ______________________ OR________ involved in the dispute AND B. The Subject Matter of the dispute
Defendant (person or entity) or Property
Punitive Damages Awarded only if plaintiff proves that defendant's conduct was __________________________
Egregious or reprehensible
Federal Courts have subject matter jurisdiction when either: A "__________________" is at issue OR "________________________" between parties exists AND the amount in controversy EXCEEDS $75,000
Federal Question Diversity of Citizenship
ACTUAL MALICE: Definition of term in a defamation suit: Defendant must make the defamatory statement with either ___________________________OR ______________________________
Knowledge of its falsity With a reckless disregard for the truth
Defenses to Trespass to Land: ______________ Definition: express or implied permission to enter land _______________ Example—to help someone in danger
License to be tehre Necessity
A state "long-arm" statute permits a court to exercise jurisdiction over an out-of-state resident/defendant IF the plaintiff can convince the court that the out-of-state defendant had at least WHAT KIND OF CONTACTS with the state?
Minimum Contacts
Damages: Definition: ________________ sought as a remedy for a tort or breach of contract
Monetary Award
Defenses to right of privacy torts: _____________________ (matters of public/general interest are NOT protected); _____________________ are exempt; ____________ or individual's self-publication of comment ends right to privacy;
Newsworthiness Privileged Communciations - court proceeding Consent
What is the name given to state regulatory powers that give states authority to regulate activities that occur within their borders? Answer: _________________________
Police Powers
What standard will a court use to determine if contact is offensive? __________________________
Reasonable Person Standard
WHY might parties in a dispute choose a form of ADR instead of formal litigation (court)? List Reasons: __________________________, __________________________, __________________________, __________________________.
Relatively Inexpensive Fast More Control Over outcome Less Adversarial
What document is known as the supreme law of the U.S.?
The Constitution
What is the role of the court if a question arises that involves a constitutional question?
The primary role of the court is to interpret the law, using precedence
Defenses to Right of Privacy Torts: _____ is NOT a defense!
Truth
A "federal question" exists when the plaintiff's cause of action (basis for the case) arises, at least in part, from a question of federal law. This federal question may arise from interpretation and application of __________________, __________________, or __________________.
U.S. Constitution A federal law A U.S. Treaty
Trespass to Personal Property: No "________________" is required
bad faith
Trespass to Personal Property: Interpretation of "Interference": The interference MUST A. Intentionally ________ the chattel (damage = destruction or any harm that diminishes value, condition, or quality); OR B. Deprive the possessor of its use for a ___________ period of time; OR C. Completely ____________ the chattel from the rightful possessor IMPORTANT: "______" interference is NOT tortious!!
damage substantial dispossess minor
Trespass to Land: No "________" need occur to the land
harm
Type of jurisdiction granted because a court has jurisdiction over a person involved in a dispute is called ___________________.
in personam or personal jurisdiction
Type of jurisdiction granted because a court has jurisdiction over property involved in a dispute is called ____________________.
in rem
Bill of Rights offers protection against GOVERNMENT action to _____________ and ________________.
individuals and corporations
What is the role of the Judiciary? To _______________ the law, AND To _______________ the law, AND To _______________ law (in some instances)
interpret apply create
Ways to Establish Person is a Trespasser: "Trespasser" must have _____ that (s)he is trespassing OR Trespasser entered property to commit an _______ act
notice illegal
Right of Privacy protects the "______________."
right to be left alone
Original Bill of Rights protect individuals from federal government action; Which amendment incorporated most rights in the Bill of Rights into protection against state actions?
the 14th amendments
ALL intentional torts require proof that the defendant either INTENDED _______ the plaintiff; OR INTENDED _______________ that caused the harm; OR Knew with substantial certainty that the result would occur.
to harm to commit the act
Defense to Trespass to Personal Property: Proof that the trespass was _____________________
warranted or justified
