276. In Erie Railroad Co. v. Tompkins, where Tompkins sued a New York company that owned a train that hit him in
Pennsylvania:
a. the U.S. Supreme Court said that federal common law must be applied in federal court
b. the U.S. Supreme Court said that since this was a matter of common law involving two states, it was a
matter for the state courts, not federal district court
c. the Supreme Court of Pennsylvania said this was a matter of New York common law that must be tried in
federal court
d. the Supreme Court of New York said this was a matter of Pennsylvania common law that must be tried in
that state
e. none of the other choices are correct
277. In Erie Railroad v. Tompkins, where Tompkins was hit by a New York train while in Pennsylvania, regarding the
application of common law in a diversity of citizenship case in federal district court, the Supreme Court decided
that:
a. federal courts must follow procedural law of the state in which it is located
b. federal courts may apply either state or federal common law to resolve a case before it
c. the common law of the appropriate state must be applied in cases in federal courts
d. federal courts must follow federal common law in all disputes before them
e. none of the other choices are correct
278. In Erie Railroad Co. v. Tompkins, where Tompkins sued a New York company that owned a train that hit him in
Pennsylvania, the Supreme Court held that:
a. federal common law did not exist in diversity–of–citizenship cases
b. federal courts would apply federal common law in diversity–of-citizenship cases
c. federal common law would be used when there was no diversity of citizenship
d. federal common law takes precedence over state common law in all instances
e. federal judges may order a case out of state court to “protect judicial integrity”
279. In Erie Railroad Co. v. Tompkins, where Tompkins sued a New York company that owned a train that hit him in
Pennsylvania, the Supreme Court reversed the decision for Tompkins by the court of appeals because it held that:
a. applying the doctrine of Swift v. Tyson rendered impossible equal protection of the law
b. applying the doctrine of Swift v. Tyson rendered impossible avoidance of the in rem problem
c. applying the doctrine of Swift v. Tyson created a substantial party problem
d. applying the doctrine of Swift v. Tyson created a diversity of citizenship problem
e. none of the other choices are correct
280. According to the Supreme Court in Erie Railroad Co. v. Tompkins, where Tompkins sued a New York company
that owned a train that hit him in Pennsylvania, the doctrine of Swift v. Tyson, which held that federal courts
exercising jurisdiction on the ground of diversity of citizenship need not, in matters of general jurisprudence, apply
[the common law] of the state as declared by its highest court, introduced:
a. discrimination against state citizens by non-state citizens
b. discrimination against non-state citizens by state citizens
c. a substantial party problem
d. a stare decisis problem
e. an ultimate jurisdiction problem
281. When a dispute brought in a state court involves incidents that occurred in more than one state, what problem may
arise?
a. an Erie Railroad v. Tompkins issue of federal versus state common law
b. a real and substantial party problem
c. a quasi–in–rem problem
d. a conflict-of–law problem
e. all of the other choices are correct
282. When a state court hears a case involving incidents that took place in more than one state or entirely in a different
state a problem may arise.
a. conflict-of-state
b. conflict-of–court
c. conflict-of–law
d. conflict-of-jurisdiction
e. none of the other choices are correct
283. When a state court hears a case involving incidents that took place in more than one state or entirely in a different
state a problem may arise.
a. conflict-of-state
b. conflict-of-court
c. conflict-of-citizenship
d. conflict-of-jurisdiction
e. none of the other choices are correct
284. Conflict-of–law problems may arise when:
a. a state court hears a case involving incidents that took place in more than one state or entirely in a different
state
b. a state court hears a case involving two parties from different counties
c. a state court hears a case involving a divorce proceeding for celebrities
d. a state court hears a case with a lot of ambiguous evidence
e. a state court hears a case regarding a matter in which the state law is unclear
285. Conflict-of–law problems may arise when:
a. a state court hears a case regarding a matter in which the state law is unclear
b. a state court hears a case involving two parties from different counties
c. a state court hears a case involving a divorce proceeding for celebrities
d. a state court hears a case with a lot of ambiguous evidence
e. none of the other choices are correct
286. In a business dispute involving a conflict–of–law issue, the court would apply the law from the state in which:
a. the contract in question was formed (written)
b. the contract in question was performed
c. the contract in question designated the state
d. all of the other specific factor choices are important
e. none of the other choices are correct
287. When resolving conflict-of–law problems some courts have determined that the law of the state having the “most
significant” interest should apply. Suppose an airplane crashes in South Carolina, injuring all four persons aboard. If
the airplane manufacturer is in Texas, the plane left from Texas to go to Virginia, and all four of the injured parties
are from Texas, an attorney for the pilot of the plane, hoping to keep the case in Texas, should argue that:
a. all of witnesses and medical records are in South Carolina
b. the interests of Texas in adjudicating the case outweigh the interests of South Carolina
c. South Carolina has a superior interest in keeping its reputation for safe airways intact
d. federal aviation rules control, so the case should be heard in Washington, D.C.
e. the attorney should avoid all of these arguments
288. Suppose an airplane crashes in Arkansas, injuring four passengers who file suit in South Carolina court. If the plane
manufacturer is in Texas, the plane left from Texas to go to Virginia, and all injured parties are from Texas, an
attorney for the pilot of the plane, hoping to keep the case in Texas, should argue that, under the conflict-of-laws
rules:
a. all of witnesses and medical records are in South Carolina
b. the interests of Texas in resolving the case outweigh the interests of South Carolina
c. South Carolina has a superior interest in keeping its reputation for safe airways intact
d. federal aviation rules apply, which means Texas controls the matter
e. the case must be heard in federal court under federal law
289. The general conflict-of–law rule for tort cases is that:
a. the law of the place where the tort occurred applies
b. the law of the place where the defendant lives applies
c. the law of the place where the plaintiff lives applies
d. the court may decide what law to apply
e. none of the other choices are correct
290. The general conflict-of–law rule for tort cases is that:
a. the law of the place where the defendant’s attorney lives applies
b. the law of the place where the defendant lives applies
c. the law of the place where the plaintiff lives applies
d. the court may decide what law to apply
e. none of the other choices are correct
291. In BancorpSouth Bank v. Hazelwood Logistics Center, where the bank sued Hazelwood and its owners for
payment, the defendants claimed the federal district court did not have jurisdiction because of a lack of diversity
of citizenship. The appeals court held that:
a. the district court was correct in not dismissing the suit because state law allows parties to agree to a
“permissive” forum selection clause.
b. the district court was incorrect in dismissing the claim because state law did not allow verbal adjustment of
contracts
c. the district court was correct in dismissing the claim because state law did not allow verbal adjustment of
contracts
d. none of the other choices are correct
292. Proper venue refers to:
a. the final place a lawsuit is heard
b. the first place a lawsuit is heard
c. the proper place for a case to be filed
d. the proper place where a lawsuit is heard
e. none of the other choices
293. Proper venue has as its basis:
a. removal jurisdiction
b. fairness
c. deterrent value
d. long–arm statute limits
e. none of the other choices are correct
294. Proper venue has as its basis:
a. removal jurisdiction
b. the Federal Rules of Civil Procedure
c. deterrent value
d. long–arm statute limits
e. none of the other choices are correct
295. A defendant can only be sued in a federal court in:
a. the district where the dispute arose
b. the district where the plaintiff lives
c. the district where the defendant lives
d. all of the other specific choices can be correct
e. none of the other specific choices are correct
296. If there has been a lot of publicity surrounding a case, the defendant may request:
a. a declaration of forum non conveniens
b. a determination of concurrent jurisdiction
c. a conflict–of–law ruling
d. a change of venue
e. none of the other choices are correct
297. If there has been a lot of publicity surrounding a case, the defendant may request:
a. a declaration of forum non conveniens
b. a determination of concurrent jurisdiction
c. a conflict–of–law ruling
d. a “quashing” of the indictment
e. none of the other choices are correct
298. When a party to lawsuit uses the doctrine of forum non conveniens, she asks the court:
a. to retry the case
b. to send the case to an appellate court
c. to dismiss the case and send it to another court
d. to remove one of the defendants
e. to add a plaintiff
299. When considering a motion to transfer a case for forum non conveniens a court considers:
a. where the actions related to the case took place
b. where the witnesses and evidence are located
c. whether the parties will be unfairly burdened by using a particular court
d. all of the other specific choices are correct
e. none of the other specific choices are correct
300. Forum non conveniens (the forum is not suitable) is a doctrine used by judges to:
a. dismiss civil but not criminal cases
b. dismiss criminal but not civil cases
c. dismiss either civil or criminal cases
d. transfer cases to another court
e. transfer foreign defendants to their home countries
Fact Pattern 2-1
Yoshi, a Japanese citizen working in Atlanta for his Tokyo firm, decided to rent an airplane and fly himself to the
Annual Catfish and Zydeco festival in Thibodaux, Louisiana. He rented a small plane to fly there. Over Alabama,
thunderstorms formed. Because Yoshi was not trained to fly by instruments, he decided to land at the next airport.
As he searched for a runway, Yoshi heard a loud clank followed by silence as the engine died. He tried to land in a
field but crashed. While recovering in a rehabilitation center in California, Yoshi filed suit there against the Atlanta
Airport and the owners of the airplane, alleging that they were negligent in their maintenance.
301. Refer to Fact Pattern 2-1. If Yoshi wants to obtain jurisdiction over the owner of the airplane he may:
a. send California police to Atlanta to serve the summons
b. serve the owner with a summons while the owner is bar hopping in Los Angeles
c. serve the owner with a summons while the owner is on a business trip to Oregon
d. serve the owner with a summons while the owner is in a Delta jet flying over California on his way to
Hawaii
e. not serve the owner because he is a Georgia resident
302. Refer to Fact Pattern 2-1. For a California court to have jurisdiction to hear this case it must have jurisdiction over
the:
a. subject matter of the case
b. the law relating to the matter
c. person or property of the airplane owner
d. all of the specific choices are correct
e. none of the other choices are correct
303. Refer to Fact Pattern 2-1. Yoshi sues defendants $5 million. The defendants may ask the California court to use its:
a. original jurisdiction to move the suit to a federal court
b. concurrent jurisdiction to move the suit to federal court
c. its removal powers to move the suit to a federal court
d. removal powers to move the suit to a Georgia state court
e. none of the other choices; the case must be in California state court if Yoshi insists
304. Refer to Fact Pattern 2-1. The Atlanta airport is a corporation. California has a long–arm statute. How might Yoshi
use the statute to exercise jurisdiction over the airport?
a. if the airport is incorporated in Georgia, Yoshi may use the California statute to gain jurisdiction
b. if the airport has its headquarters in Georgia, Yoshi may use the California statute to gain jurisdiction
c. if the airport does all of its business in Georgia, Yoshi may use the California statute to gain jurisdiction
d. if the airport does business in, or has minimum contacts with California, Yoshi may use the California statute
to gain jurisdiction
e. Yoshi may not take advantage of the California statute because the accident occurred in Alabama
305. Refer to Fact Pattern 2-1. Suppose Yoshi can exercise jurisdiction over the defendants in court in California. They
fail to appear to defend themselves and Yoshi wins a default judgment for $5 million which defendants do not pay.
Yoshi discovers that the owner of the airplane also owns a Lear jet, which is in San Diego. If Yoshi has the court
seize the jet in satisfaction of the judgment, Yoshi has obtained what type of jurisdiction?
a. in personam jurisdiction
b. de novo jurisdiction
c. lex loci jurisdiction
d. quasi in rem jurisdiction
e. in rem jurisdiction
306. Refer to Fact Pattern 2-1. Assume the defendants have the case removed from the state court in California to a
federal court. Under Erie v. Tompkins what law will the federal court be most likely to apply in deciding the
dispute?
a. the state law of Georgia where Yoshi contracted to rent the airplane
b. the federal common law
c. the civil law of Japan because Yoshi is a Japanese native
d. the state law of Louisiana, because Yoshi was going there
e. none of the other choices are correct