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Question 1
Mike has created a cartoon that runs in the Sunday paper every week. Mike has copyrighted the main character, a dog called "Floppy". One day, as Mike is perusing the Sunday paper, he sees another, different comic strip in which Floppy has become the main character. The paper is distributed throughout the country. Mike sues the cartoonist, Joe, for infringement of his copyright rights. Mike lives in Montana; Joe lives in Nevada. In which federal district court should Mike bring his action? (Assume that the states have only one district court that is not broken down into divisions.)
Correct Pursuant to 28 U.S.C. section 1400(a), since the suit is to vindicate an interest in intellectual property, Mike must bring his action in federal district court in Nevada, because that's where Joe may be found.
Incorrect! Pursuant to 28 U.S.C. section 1400(a), since the suit is to vindicate an interest in intellectual property, Mike must bring his action in federal district court in Nevada, because that's where Joe may be found.
Correct
Incorrect!
Correct
Incorrect!
Question 2
Mike has created a new kind of clock, for which he has received a U.S. patent. While shopping one day in the local mall in Montana, where Mike lives, he sees a copy of his clock in a store, clearly violating federal patent law. Mike investigates and learns that Joe, a resident of Nevada, owns the store and created the clock that is sold within his store. In which federal district court may Mike bring his action?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Under 28 U.S.C. section 1400(b), the civil action may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business. Under the facts above, both Montana and Nevada qualify.
Incorrect! Under 28 U.S.C. section 1400(b), the civil action may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business. Under the facts above, both Montana and Nevada qualify.
Question 3
Assume, for the purposes of this question, that the state of Texarkana has three federal judicial districts: Eastern, Western, and Southern. Sally, who lives in Oklahoma, wants to file a claim in federal court against Molly, who lives in Brookville, which is in the Southern District of Texarkana. Assuming all personal and subject matter jurisdiction requirements are satisfied, in which judicial district must Sally file her action?
Correct
Incorrect!
Correct Pursuant to 28 U.S.C. section 1391(a), the claim must be filed in the judicial district where the defendant resides.
Incorrect! Pursuant to 28 U.S.C. section 1391(a), the claim must be filed in the judicial district where the defendant resides.
Correct
Incorrect!
Correct
Incorrect!
Question 4
Assume, for the purposes of this question, that the state of Texarkana has three federal judicial districts: Eastern, Western, and Southern. Sally, who lives in Oklahoma, wants to file a claim in federal court against Molly, who lives in Brookville, which is in the Southern District of Texarkana, and Susan, who lives in Arkville, which is in the Western District of Texarkana. Assuming all personal and subject matter jurisdiction requirements are satisfied, in which judicial district may Sally not file her action?
Correct Pursuant to 28 U.S.C. 1391(a), the claim must be filed in a judicial district where any defendant resides, if all defendants reside in the same state. Molly and Susan both live in Texarkana; therefore, both the Southern District and Western District are permissible districts. The plaintiff's residence is irrelevant.
Incorrect! Pursuant to 28 U.S.C. 1391(a), the claim must be filed in a judicial district where any defendant resides, if all defendants reside in the same state. Molly and Susan both live in Texarkana; therefore, both the Southern District and Western District are permissible districts. The plaintiff's residence is irrelevant.
Correct
Incorrect!
Correct
Incorrect!
Question 5
Assume, for the purposes of this question, that the state of Texarkana has three federal judicial districts: Eastern, Western, and Southern. Sally, who lives in Oklahoma in the Northern District, wants to file a claim in federal court against Molly, who lives in Brookville, which is in the Southern District of Texarkana, and Susan, who lives in Oklahoma in the Southern District, for injuries Sally sustained during a slip-and-fall in Molly's apartment. Assuming all personal and subject matter jurisdiction requirements are satisfied, in which judicial district must Sally file her action?
Correct
Incorrect!
Correct
Incorrect!
Correct Because the defendants do not live in the same state, 28 U.S.C. section 1391(a)(1) does not apply. Because the substantial part of the events occurred in Molly's apartment, the case should be filed in the district in which the apartment lies.
Incorrect! Because the defendants do not live in the same state, 28 U.S.C. section 1391(a)(1) does not apply. Because the substantial part of the events occurred in Molly's apartment, the case should be filed in the district in which the apartment lies.
Correct
Incorrect!
Question 6
Assume, for the purposes of this question, that the state of Texarkana has three federal judicial districts: Eastern, Western, and Southern. Sally, who lives in Oklahoma, wants to file a claim in federal court against Molly, who lives in Brookville, which is in the Southern District of Texarkana, and Susan, who lives in Arkville, which is in the Western District of Texarkana. Assume all personal and subject matter jurisdiction requirements are satisfied. Sally files her action in federal district court in Oklahoma and neither Molly nor Susan objected to improper venue. Must the court dismiss the action?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Most jurisdictions hold that where a defendant does not timely object to improper venue, the objection is waived.
Incorrect! Most jurisdictions hold that where a defendant does not timely object to improper venue, the objection is waived.
Question 7
Assume, for the purposes of this question, that the state of Texarkana has three federal judicial districts: Eastern, Western, and Southern. Sally, who lives in Oklahoma, wants to file a claim in federal court against Molly, who lives in Brookville, which is in the Southern District of Texarkana, and Susan, who lives in Arkville, which is in the Western District of Texarkana. Assume all personal and subject matter jurisdiction requirements are satisfied. Sally files her action in federal district court in Oklahoma. Both Molly and Susan object to the choice of venue. What type of motion should they bring?
Correct
Incorrect!
Correct Pursuant to Federal Rule of Civil Procedure 12(b)(3), a defendant may move to dismiss a case for improper venue.
Incorrect! Pursuant to Federal Rule of Civil Procedure 12(b)(3), a defendant may move to dismiss a case for improper venue.
Correct
Incorrect!
Correct
Incorrect!
Question 8
Assume, for the purposes of this question, that the state of Texarkana has three federal judicial districts: Eastern, Western, and Southern. Sally, who lives in Oklahoma, wants to file a claim in federal court against Molly, who lives in Brookville, which is in the Southern District of Texarkana, and Susan, who lives in Arkville, which is in the Western District of Texarkana. Assume all personal and subject matter jurisdiction requirements are satisfied. Sally files her action in federal district court in Oklahoma. Molly moves, timely, to dismiss the case for improper venue. Susan does not join the motion, nor does she file her own. If the court agrees that it is the improper venue, what must it do?
Correct
Incorrect!
Correct
Incorrect!
Correct Because Susan does not object, Susan waives her objection and she remains a defendant. Because Molly has timely objected, the court will dismiss the case as to Molly, only.
Incorrect! Because Susan does not object, Susan waives her objection and she remains a defendant. Because Molly has timely objected, the court will dismiss the case as to Molly, only.
Correct
Incorrect!
Question 9
Adam, a citizen of New Hampshire, wants to file an action in federal court against XYZ Corp., whose business is only conducted in the western district of Vermont, and has absolutely no contact with anyone or anything within any of the other districts in Vermont. Adam's home is closest to the federal district court in Vermont for the Eastern District. Where may Adam file his action?
Correct There is only one proper venue, because XYZ Corp. conducts its business only in the Western District of Vermont. The proper venue is the place where the corporation conducts its business. See 28 U.S.C. section 1391(c).
Incorrect! There is only one proper venue, because XYZ Corp. conducts its business only in the Western District of Vermont. The proper venue is the place where the corporation conducts its business. See 28 U.S.C. section 1391(c).
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 10
Adam, a citizen of New Hampshire, wants to file an action in federal court against XYZ Corp., which is headquartered in the western district of Vermont. XYZ ships its product throughout Vermont and does considerable business in every district in Vermont. Adam's home is closest to the federal district court in Vermont for the Eastern District. Where may Adam file his action?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Because XYZ conducts business throughout the entire state of Vermont, and it appears from the facts that it has significant contacts with every district, Adam may file his action in any of the districts within Vermont.
Incorrect! Because XYZ conducts business throughout the entire state of Vermont, and it appears from the facts that it has significant contacts with every district, Adam may file his action in any of the districts within Vermont.
Question 11
Adam, a citizen of New Hampshire, wants to file an action in federal court against XYZ Corp., which is headquartered in the western district of Vermont. Although XYZ ships its product throughout Vermont, it only ships one item to each district. Adam's home is closest to the federal district court in Vermont for the Eastern District. Where is the most proper venue?
Correct Because the contacts XYZ has with the rest of Vermont may not qualify as adequate 'minimum contacts', the most proper venue is the Western District, in which the corporation is headquartered.
Incorrect! Because the contacts XYZ has with the rest of Vermont may not qualify as adequate 'minimum contacts', the most proper venue is the Western District, in which the corporation is headquartered.