Download Diversity Jurisdiction and Federal Question Jurisdiction and more Exams Nursing in PDF only on Docsity!
Accuracy
Common Law is unique because it is able to adapt. - Correct Answers ✅true. Common Law can be changed from case to case. A website accessible in a jurisdiction is enough to establish general jurisdiction - Correct Answers ✅false. Simply having a website, "without requiring some level of 'interactivity' between the defendant and consumers in the forum state" is not enough to establish general jursidiction in a given jurisdiction. Because a corporation is not an individual, a corporation does not have to be served prior to a suit. - Correct Answers ✅false. Corporations generally appoint and register an agent to be served and some jurisdictions will consider service valid if any officer of the corporation is properly served. An effective manager of a corporation should not attempt to alter political situations - Correct Answers ✅false. An effective manager will attempt to alter political situations and regulations to aid their company. Johnny, a citizen of Texas, and Ash, a citizen of Texas, sue AJ, a citizen of Alabama, and Jeff, a citizen of Florida, for $100,000 from a claim arising from state law. This case can be brought in federal court. - Correct Answers ✅true. Diversity of Citizenship allows for a case to brought in Federal Court when there is diversity of residency between parties
Accuracy
and the claim is for at least $75,000. The residency requirement only applies when opposing parties are from the same jurisdiction Conner, a citizen of South Carolina, intentionally publishes articles defaming Blake, a citizen of Oklahoma, in the state of California. Defamation is an intentional tort. The state of California has personal jurisdiction over Conner. - Correct Answers ✅true. If the harm of an intentional tort is aimed at a specific jurisdiction, a court has personal jurisdiction even in the absence of other forms of personal jurisdiction All cases in Federal courts first appear before a Federal District Court - Correct Answers ✅false. Some cases, such as bankruptcy cases, first appear before a specialty court. When an equitable claim and a legal claim are tried together, both claims are determined purely by the judge. - Correct Answers ✅false. When an equitable and a legal claim are tried together, the jury makes the determination regarding the legal claim The Due Process requirement of the constitution is met if a defendant has enough minimum contacts for the court to establish personal jurisdiction over the defendant. - Correct Answers ✅false. Simply establishing minimum contacts does not always ensure that the Due Process requirement is met.
Accuracy
A court of equity hears all cases that seek equitable remedies, such as injunctions - Correct Answers ✅false. There are no longer courts of equity in most states or in the federal system Personal jurisdiction over certain cases, such as bankruptcy cases, can be established simply by having property relevant to the suit within the jurisdiction of the court - Correct Answers ✅true. In Rem jurisdiction, which can be established by having property within the jurisdiction of the court, can satisfy jurisdictional requirements for a case Johnny, a citizen of Texas, sues AJ, a citizen of Alabama, for $80,000. This case can be brought in a Federal District Court, even if it is a claim arising from state law - Correct Answers ✅true. Diversity of Citizenship allows for a case to brought in Federal Court when there is diversity of residency between parties and the claim is for at least $75,000. What does a Wrongful Death Statute allow for? a. Close relatives of deceased persons to sue those whose wrongful acts have caused a death. b. Friends of deceased persons to sue those whose wrongful acts have caused a death c. Local governments to imprison those whose wrongful acts have caused a death.
Accuracy
d. None of the above. - Correct Answers ✅A. Close relatives of deceased persons to sue those whose wrongful acts have caused a death. Wrongful Death Statutes generally allow only for close relatives of a deceased person to sue those whose wrongful acts have caused a death. What is "statutory law"? a. Laws regarding statues. b. Laws established by tradition and passed down in courts. c. Laws arising from statutes passed by legislative bodies. d. None of the above - Correct Answers ✅C. Laws arising from statutes passed by legislative bodies. Statutory laws are laws based on statutes passed by legislative state or federal bodies. What happens when an appellate court finds that a lower court judge erred in granting summary judgment? a. The court reverses the judgment and the party that lost the summary judgment wins b. The appellate court retries the case and announces a new verdict. c. The case is dismissed
Accuracy
Jeff sues Stephen for violating portions of the Federal Labor Standards Act, a federal statute, and for fraud, a state claim. Both claims arise from the same set of facts. Jeff can bring both causes of action before a Federal Court. - Correct Answers ✅true. A violation of a federal statute is considered a federal question. Cases arising from federal questions can be brought in Federal Court. When a state claim arises from the same set of facts as federal question claim, both actions can be brought in federal courts in a single suit. The EU can block an American company from acquiring a European company, even if American regulations would allow for the acquisition.
- Correct Answers ✅true. The EU has stricter anti-trust laws than the US and has blocked companies, such as GE, from acquiring European companies despite American anti-trust laws allowing for the acquisition. Magnus, a citizen of Sweden, has a significant number of contacts with the United States as a whole to establish personal jurisdiction, but not enough contacts with an individual state to establish jurisdiction. An American court cannot establish personal jurisdiction over Magnus. - Correct Answers ✅false. Under Rules of Civil Procedure 4(k)(2), if a foreign defendant has a significant amount of contact with the United states, but personal jurisdiction cannot be established with any individual state, the foreign defendant can still be found to have personal jurisdiction.
Accuracy
A claim arising out of the Americans with disabilities act, which is a Federal statute, would be a Federal Question case and, therefore, be within a federal district court's jurisdiction. - Correct Answers ✅true. Any case that arises out of a federal statute, such as the Americans with disabilities act, can be brought in a Federal District court. Appeals from specialized federal courts, such as bankruptcy courts always go to the Federal Court of Appeals. - Correct Answers ✅false. Some appeals from specialized federal courts go to federal district courts for their appeals, while others go to Circuit Courts. Individuals are generally not required by law to help a third party when they request aid. - Correct Answers ✅true. Although there are many exceptions, a third party generally has no legal obligation to assist a third party. A party may make a special appearance at any point in a trial. - Correct Answers ✅false. Most jurisdictions consider any defense claiming lack of personal jurisdiction to be waived when a party makes an appearance before the court. A jury is, in most civil cases, considered to be a "judge of facts" while the judge is only the "judge of the law". - Correct Answers ✅true. The judge's job in many civil proceedings is to make sure the jury applies the correct standards in deciding the case and that the attorneys follow the proper procedures during the trial.
Accuracy
c. Criminal law involves the state and a private party, while civil law involves only private parties. d. All of the above. - Correct Answers ✅a. Criminal law imposes fines and imprisonment while civil law focuses on damages and injunctions. A is correct because both of these descriptions are largely accurate. B is incorrect because many civil cases involve statutes and, in some jurisdictions, criminal cases can involve common law. C is incorrect because civil law claims are often brought by the state or government agencies. A contract between a Texas corporation and a California corporation, signed in New York contains a provision that all litigation regarding the contract will be performed in California. What state's law should be applied to the litigation? a. Texas. b. California. c. Colorado. d. None of the Above. - Correct Answers ✅b. California. If there is a provision that all litigation regarding the contract will be brought in a specific state, it should be brought in that state as long as there is a passing connection to the parties or to the transaction with the state. Although each state has its own individual sets of law in many areas, laws state from state are largely the same. - Correct Answers ✅True.
Accuracy
Most bodies of laws, although they do vary from state to state, are largely the same. Choice of law is important because it decides where a case should be tried. - Correct Answers ✅False. Choice of law is important becasue it determines what state, level of government, nation, or other source of law will apply to the case. The difference in which law applies may change in the outcome of the case. Following a law may lead to immoral actions. - Correct Answers ✅True. Some laws, such as those passed under dictators or many years ago forced individuals to perform actions which we would consider immoral today. For a criminal trial, the government must prove their case "beyond a reasonable doubt" in order to secure a guilty verdict. - Correct Answers ✅True. Criminal cases require that the case be proved "beyond a reasonable doubt." Civil cases vary, but generally require proof by a "preponderance of evidence." Some types of cases cannot be brought in state court. - Correct Answers ✅True. Some types of cases, such as patent cases, have to be brought in federal court due to legislation passed by the federal government.
Accuracy
Patent Claims and Copy Right Claims arising under the federal statutes must be brought in Federal Court. Wrongful death claims are generally found only in state statutes and do not have nay requirement that the claim be brought in Federal Court.
