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Question 1
Jurisdiction over the persons or entities involved in the lawsuit is called:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
Substantive due process involves:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Procedural due process requires:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 4
Alan, domiciled in Tennessee, and Bill, domiciled in Kentucky, are involved in a motor vehicle accident in Kentucky. Alan files an action against Bill in Kentucky. Does the court have jurisdiction over Bill?
Correct
Incorrect!
Correct Because Bill is domiciled in Kentucky, the Kentucky court has jurisdiction over him.
Incorrect! Because Bill is domiciled in Kentucky, the Kentucky court has jurisdiction over him.
Correct
Incorrect!
Question 5
Alan, domiciled in Tennessee, and Bill, domiciled in Kentucky, are involved in a motor vehicle accident in Tennessee. Alan files an action against Bill in Tennessee. Does the court have jurisdiction over Bill?
Correct Most states have enacted non-resident motorist statutes that enable the courts to extend personal jurisdiction over non-resident motorists who have been involved in a motor vehicle collision within their borders.
Incorrect! Most states have enacted non-resident motorist statutes that enable the courts to extend personal jurisdiction over non-resident motorists who have been involved in a motor vehicle collision within their borders.
Correct
Incorrect!
Correct
Incorrect!
Question 6
ABC Corp. ("ABC") is incorporated in Montana and has its principal place of business in Montana. It does not have a website, it does not accept calls from persons out of state, it does not advertise out of Montana, and it has never had a customer who lives outside of Montana. ABC sells special grass seed that is effective only on certain plains within Montana. ABC sold its product to Bill, who lives in Montana. Bill files an action in court in Missouri alleging that ABC breached its contract with Bill. Does the court have jurisdiction over ABC Corp.?
Correct
Incorrect!
Correct Reason: (b) is the correct answer because ABC Corp. has had absolutely no contact with Missouri. (a) is incorrect because it is simply untrue. (c) is incorrect because Bill could have brought the action in a court outside of Montana as long as the court had personal jurisdiction over the defendant. (d) is incorrect because the plaintiff does not have the right to choose any court in which to bring his action.
Incorrect! Reason: (b) is the correct answer because ABC Corp. has had absolutely no contact with Missouri. (a) is incorrect because it is simply untrue. (c) is incorrect because Bill could have brought the action in a court outside of Montana as long as the court had personal jurisdiction over the defendant. (d) is incorrect because the plaintiff does not have the right to choose any court in which to bring his action.
Correct
Incorrect!
Correct
Incorrect!
Question 7
Jake lives in North Dakota and Bill lives in South Dakota. While visiting Jake's home, Bill is injured. Bill brings a cause of action against Jake in South Dakota. To ensure that Jake is served with process while in South Dakota, Bill calls Jake and informs him that Jake's mother, who lives in South Dakota, has had a heart attack and has been rushed to the local emergency room. Jake's mother has not, in fact, had a heart attack and is in very good health. Jake, concerned for his mother's health, drops everything and rushes to the hospital in South Dakota. When Jake walks through the doors of the emergency room, he is greeted by a man who serves him with the summons and a copy of the complaint Bill has filed in court in South Dakota. Jake appears in the trial court and files a motion to dismiss the complaint for lack of personal jurisdiction. Will the court grant or deny the motion?
Correct
Incorrect!
Correct
Incorrect!
Correct If Jake had not entered South Dakota under false pretences, for example, if he had entered South Dakota simply to go shopping at the local supermarket, the South Dakota court would have personal jurisdiction over him. Because, however, he was fraudulently enticed into entering the jurisdiction, the service of process essentially ineffective for personal jurisdiction purposes.
Incorrect! If Jake had not entered South Dakota under false pretences, for example, if he had entered South Dakota simply to go shopping at the local supermarket, the South Dakota court would have personal jurisdiction over him. Because, however, he was fraudulently enticed into entering the jurisdiction, the service of process essentially ineffective for personal jurisdiction purposes.
Correct
Incorrect!
Question 8
John has filed an action in federal court in Florida against Andrew for injuries John sustained during a car accident that occurred in Georgia. Andrew lives Georgia. After Andrew is served with the summons and complaint, he timely files an answer denying liability. The trial begins, John presents his case, Andrew presents his case, and the court hears final motions before the case is sent to the jury for their decision. Andrew then moves to dismiss the complaint for lack of personal jurisdiction. Will the court grant or deny the motion?
Correct Because Andrew did not timely object to the court's personal jurisdiction, he waived his objection. Filing a motion to dismiss at the end of the trial is way beyond time limitations. (b) is incorrect because a motion to dismiss is the correct vehicle through which to contest personal jurisdiction. (c) is incorrect because Andrew has waived his objection to personal jurisdiction; therefore, the court has jurisdiction over him. (d) is incorrect because the motion was filed too late.
Incorrect! Because Andrew did not timely object to the court's personal jurisdiction, he waived his objection. Filing a motion to dismiss at the end of the trial is way beyond time limitations. (b) is incorrect because a motion to dismiss is the correct vehicle through which to contest personal jurisdiction. (c) is incorrect because Andrew has waived his objection to personal jurisdiction; therefore, the court has jurisdiction over him. (d) is incorrect because the motion was filed too late.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 9
John has filed an action in federal court in Florida against Andrew for injuries John sustained during a car accident that occurred in Georgia. Andrew lives Georgia. After Andrew is served with the summons and complaint, he makes an appearance in court and moves to dismiss the case on the grounds of lack of jurisdiction. Does the court have personal jurisdiction over Andrew?
Correct
Incorrect!
Correct Because Andrew appeared solely for the purpose of contesting jurisdiction, he has not waived his objection to personal jurisdiction.
Incorrect! Because Andrew appeared solely for the purpose of contesting jurisdiction, he has not waived his objection to personal jurisdiction.
Correct
Incorrect!
Correct
Incorrect!
Question 10
Mark and Julie, who live in Delaware, are married in Las Vegas, Nevada, and decide to honeymoon in Hawaii. They purchase airline tickets and agree to a layover in California. While switching planes in California, Mark and Julie visit a gift shop. Sam has filed an action against Mark and Julie in state court in California. Because Sam knows that the couple has a layover in California, he arranges to have them served with process in the airport. Mark and Julie are served while in the gift shop. Does the court have personal jurisdiction over the couple?
Correct
Incorrect!
Correct A court gains personal jurisdiction over a person served with process within the court's jurisdiction, even if he or she is there for a short time.
Incorrect! A court gains personal jurisdiction over a person served with process within the court's jurisdiction, even if he or she is there for a short time.
Correct
Incorrect!
Correct
Incorrect!
Question 11
ABC Corp. is incorporated in New Jersey and has its principal place of business there. ABC Corp. manufacturers "I Love NY!" bumpers stickers and advertises and sells them in New York. Sarah, a resident of New York, purchases a bumper sticker, which she affixes to the back bumper of her car. When she later attempts to remove the bumper sticker, a large section of paint peeled off. Sarah files an action in the New York trial court against ABC Corp. Does the court have personal jurisdiction over ABC Corp.?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Regardless of where a foreign corporation is incorporated or where it has its principal place of business, if it has the requisite minimum contacts with the forum state, the forum state has personal jurisdiction over the foreign corporation. Here, ABC Corp.'s contact with New York is substantial, purposeful and deliberate.
Incorrect! Regardless of where a foreign corporation is incorporated or where it has its principal place of business, if it has the requisite minimum contacts with the forum state, the forum state has personal jurisdiction over the foreign corporation. Here, ABC Corp.'s contact with New York is substantial, purposeful and deliberate.
Question 12
ABC Corp. is incorporated in New Jersey and has its principal place of business there. ABC Corp. manufacturers "I Love NY!" bumper stickers and advertises and sells them only in New York. Sarah, a resident of New York, purchases a bumper sticker, which she affixes to the back bumper of her car. Sarah later sells her car to Mike, who lives in California. When Mike, while in California, attempts to remove the bumper sticker, a section of paint peels off. Mike brings an action against ABC Corp. in California. Does the court have personal jurisdiction over ABC Corp.?
Correct
Incorrect!
Correct
Incorrect!
Correct ABC Corp. could not reasonably anticipate being hauled into court in California; therefore, due process is not satisfied, so the court does not have jurisdiction over ABC Corp.
Incorrect! ABC Corp. could not reasonably anticipate being hauled into court in California; therefore, due process is not satisfied, so the court does not have jurisdiction over ABC Corp.