Download Civil Procedure Quiz 1-9: Jurisdiction and Venue in US Courts and more Exercises Civil procedure in PDF only on Docsity!
Civil Procedure Fall 1992 Peter Gray is a resident of Fort Smith, Arkansas. He purchased a water heater from Central Plumbing Supplies, a seller in Fort Smith. The water heater was manufactured by Acme Water Heating Co. of Pennsylvania and shipped to Arkansas. A key component is a valve, which was manufactured by Zeus Valve Co. of Ohio, which shipped it to Acme in Pennsylvania. The water heater exploded in Fort Smith, injuring Peter. He brings a lawsuit in state court in Fort Smith, seeking monetary damages for his personal injuries. The lawsuit names as defendants Central Plumbing, Acme Water Heating, and Zeus Valve Co. Zeus files a motion to dismiss, challenging personal jurisdiction. a) The lawsuit is improper, because the corporations are from different states and cannot be sued in a state court. b) The lawsuit is proper, because it asserts in rem jurisdiction. c) The lawsuit is improper, because it names three defendants. d) The lawsuit is proper, but only if Zeus has sufficient contacts with Arkansas. e) The lawsuit is improper, because Zeus did not commit a tortious act in Arkansas.
Civil Procedure Fall 1992 Bass World, a magazine which is written and published in Canada, prints an article that Razorback Ralph of Rogers, Arkansas is "the most overrated and incompetent bass fisherman in the Ozarks." Ralph sees a copy of the article at the Bass Pro Shop in Springfield, Missouri and wishes to sue for the alleged libel. Bass World sells 58,000 copies a month worldwide, all by subscription; 1,000 copies are sold in Arkansas. The issues are delivered by Magazine Distributors of Ontario, an independent company that is in the business of locating subscribers for various magazines, ending into agreements and delivering the copies through the mail. The Due Process Clause of the 14th Amendment: a) does not permit the foreign company to be sued in Arkansas. b) permits Ralph to sue in Arkansas because his activity is unilateral. c) does not permit Ralph to sue in Arkansas because Bass World does not purposefully avail itself of Arkansas or directly enter Arkansas. d) permits Ralph to sue in Arkansas because Bass World has continuous and systematic contacts with Arkansas. e) does not permit Ralph to sue in Arkansas because of the jurisdictional rules designed to strengthen the First Amendment guarantees. f) permits Ralph to sue in Arkansas because it is more convenient for the magazine to defend in Arkansas than for Ralph to sue in Canada. g) does not permit Ralph to sue in Arkansas because the magazine is not sold at newsstands.
Civil Procedure Fall 1992 A Missouri statute provides that a landlord may commence an action to evict a tenant for failure to pay the rent and to collect the back rent by posting a notice on the door of the apartment. Is this statute constitutionally valid? a) Yes, because this type of posting is reasonably calculated to inform the tenants of the commencement of the action. b) No, because posting by itself is not a reliable means of notifying parties that their rights are involved in the lawsuit. c) Yes, because posting is permitted in in rem actions. d) No, because nothing less than personal service by the sheriff will satisfy due process in in personam actions. e) Yes, because posting will give the tenant more immediate and personal notice than the use of the ordinary mail. f) No, because due process requires the use of registered mail.
Civil Procedure Fall 1992
- The plaintiff sues an Arkansas dentist personally for negligence committed in the operation of a private motor vehicle. The action is filed in Arkansas circuit court. The process-server may validly serve the defendant by: (1) serving the summons on the dentist at church on Sunday morning. (2) leaving the summons at the defendant's office with a receptionist. (3) leaving the summons with the dentist's partner at a dental meeting. (4) serving the dentist while she is working on a patient. (5) leaving the summons with the spouse of the defendant at the country club. (6) leaving the summons with the defendant's 14 year-old daughter on the tennis court in the backyard of the family home. (7) serving the summons by Federal Express. (8) serving the summons by regular mail. A) only (1), (3), and (8) are valid. B) only (1), (4), and (6) are valid. C) only (1), (5), and (8) are valid. D) only (2), (4), and (6) are valid. E) only (4), (5), and (6) are valid. F) only (3), (6), and (7) are valid. G) only (2), (6), and (7) are valid. H) only (3), (5), and (8) are valid.
Civil Procedure Fall 1992 All of the following cases are suits involving at least $55,000. Which one can be brought in federal court under diversity jurisdiction? A) A divorce action between an Arkansas woman and a Missouri man. B) The plaintiff is a citizen of Arkansas; the other party to the contract was also a citizen of Arkansas, but he died in an accident in Texas six months ago. He was in Texas looking for a new home. The executor of his estate is his brother, a citizen of Texas. C) A citizen of Delaware attending the University of Illinois sues Wal-Mart, Inc. (a Delaware corporation with its principal place of business in Arkansas). D) A breach of contract action brought by plaintiffs who are citizens of Arkansas, Missouri and Oklahoma, against defendants who are citizens of Arizona, Texas and Oklahoma. E) An assault and battery claim brought by a citizen of Arkansas against a citizen of Hungary who is a permanent resident of Fayetteville. F) A citizen of Panama sues a citizen of Canada. G) A citizen of the District of Columbia sues a citizen of Maryland. H) A citizen of France sues a citizen of Alabama.
Civil Procedure Fall 1992 Plaintiff Paula (from Arkansas) was injured while landing her airplane at the Fayetteville airport. In federal court in Arkansas she sues the air traffic controller Andy (also from Arkansas), properly asserting jurisdiction under a federal statute and seeking damages. In Count II of the same lawsuit she sues Andy for defamation, alleging that the next day he told his friends at the racquetball club that "Paula is an incompetent pilot who should not be allowed near any airport. She has injured people in the past with her crazy flying." She seeks $75,000 in damages to her reputation. Andy has filed a Rule 12(b)(1) motion challenging subject matter jurisdiction and seeking dismissal of count II. How WILL the court rule on the motion? A) Because there is a common nucleus of operative facts, Count II falls within ancillary jurisdiction and the court must hear the defamation claim. B) Count II does not fall within ancillary jurisdiction and the court must grant the motion. C) The court has discretion as to whether to exercise ancillary jurisdiction in this instance. D) The court is obligated to exercise removal jurisdiction because it falls within the original jurisdiction of the federal court. E) Count II falls within pendent jurisdiction and the court is obligated to hear Court II. F) Pendent jurisdiction is not satisfied because there is no diversity of citizenship. G) None of the above statements are correct.
