70. In which of the following courts would a trial for violation of the Foreign Corrupt Practices Act be held?
a. state trial court
b. federal district court
c. U.S. Supreme Court since the case involves foreign jurisdictions
d. none of the above
71. The minimum amount required for a federal diversity suit is:
a. $10,000.
b. $50,000.
c. $75,000.
d. There is no minimum amount if there is diversity.
72. Which of the following is not a specialized court in the federal system?
a. tax court
b. bankruptcy court
c. probate court
d. All of the above are specialty courts in the federal system.
73. Long-arm statutes:
a. give state courts automatic jurisdiction over out–of-state defendants.
b. have been ruled unconstitutional.
c. are simply procedural statutes that still require ?minimum contacts? for use.
d. none of the above
74. At the U.S. Court of Appeals:
a. there is a trial by jury.
b. there are three judges.
c. witnesses are permitted to testify.
d. all of the above
75. To initiate a lawsuit in the federal court system, the plaintiff would file a complaint in a:
a. federal district court.
b. U.S. Court of Appeals.
c. U.S. Court of Claims.
d. U.S. Tax Court.
76. Emma Samuels is a resident of St. Johnsbury, Vermont. She was injured in an auto accident when a resident of
Burlington, Vermont, struck her car from behind. Emma wishes to bring suit to recover her medical costs and the
costs of repair to her car. Emma’s suit:
a. is properly brought in federal court in Vermont because the drivers were residents of different cities.
b. is properly brought in Vermont’s general trial court.
c. is properly brought in U.S. Court of Claims since two U.S. citizens were involved.
d. none of the above
77. In the citation 501 F.3d 29, the case can be found on what page?
a. 501
b. 3
c. 29
d. There is not enough information given to answer the question.
78. Ralph Waters operates a watch repair business in Mesa, Arizona. He orders most of his parts from out-of-state
suppliers. He orders watch faces from a supplier in Escondido, California. The supplier does not have a sales force
but relies on catalogues shipped to watch dealers throughout the country as his means of marketing. Ralph installed
several of the suppliers’ watch faces on his customers’ watches. A strange chemical reaction between perspiration
and the faces of the watches caused Ralph’s customers to develop rashes and nausea, with some requiring
hospitalization. Ralph wishes to bring suit to recover damages ($75,000) from the Escondido supplier. Which of the
following statements is true?
a. Ralph must bring suit in California to gain jurisdiction over the supplier.
b. Ralph has a diversity action that can be brought in federal court.
c. Ralph will not be able to bring suit in Arizona because there are no contacts in the state.
d. none of the above
79. Which of the following suits could be properly heard in federal district court?
a. a suit between two contracting parties in one state over a UCC interpretation question
b. a suit for damages of $50,000 between a citizen of Oregon and a citizen of Washington
c. a suit challenging the constitutionality of a state’s death penalty statute
d. all of the above
80. Small claims courts are:
a. federal specialty courts.
b. also known as probate courts.
c. also known as courts of claim.
d. part of the state court system.
81. Ralph Watkins, owner of The Steak Pit restaurant in Billings, Montana, is suing Western Cornfed Beef, a Kansas
City, Kansas, supplier, for breach of contract. Watkins refuses to pay $22,000 for steaks he claims were never
delivered. Where will Watkins properly file suit?
a. federal district court in Montana
b. federal district court in Kansas
c. state court in Montana
d. state court in Kansas
82. Cosco Chemical, a U.S. corporation, operates a fertilizer plant in Honduras. An explosion at the plant killed 30
workers and injured 573 residents from the surrounding areas. Lawyers for the victims and their families have
brought suit in federal district court in Texas, Cosco’s state of incorporation and base of operations. The lawyers
maintain the suits should be heard in the United States under U.S. standards. Under the law in Honduras, the
greatest amount of compensation each victim could recover would be $400. The suit:
a. can be properly heard in U.S. federal district court in Texas.
b. must be dismissed for lack of a cause of action.
c. must be returned to the courts in Honduras.
d. can only be heard in the International Court of Justice.
83. Sandra Laughlin is a reporter for the Philadelphia Tribune. In an article in the Tribune about Michael Jackson, a
singer and resident of California, Laughlin wrote an inaccurate statement about the singer‘s relationship with actress
Brooke Shields. The Philadelphia Tribune is a Pennsylvania newspaper owned by a Pennsylvania corporation. If
Jackson wishes to file a libel suit (seeking $1 million in damages) against Laughlin and the Tribune, the suit:
a. could be properly brought in federal district court.
b. must be brought in California.
c. must be brought in a state court.
d. none of the above
84. ValuJet, Inc. is an airline based in Florida. The airline flies from Florida locations to Atlanta to permit passengers to
make connections to other airlines at that major hub. A ValuJet plane crashed just outside of Orlando, Florida,
killing all 110 occupants aboard the flight. Among the 110 occupants was a family of 4 from Ohio, returning home
from a Florida vacation. If the family’s survivors wish to file suit against ValuJet, where would a court have
jurisdiction over ValuJet?
a. Ohio
b. Florida
c. Delaware
d. none of the above
85. Which of the following is not a court of limited jurisdiction?
a. probate court
b. small claims court
c. federal district court
d. All of the above are limited jurisdiction courts.
86. Stare decisis is a Latin term meaning:
a. “equitable remedy”.
b. “let the decision stand“.
c. “private decision”.
d. “Congressional action“.
87. During the criminal trial for former Governor Fife Symington of Arizona, an elderly member of the jury told the
judge that she felt pressured by the other jurors to find him guilty. The judge removed the woman from the jury and
Governor Symington was convicted. Which of the following describes the likely result if the governor appeals?
a. There is no reversible error because jury deliberations are not part of the trial or evidence.
b. There is a reversible error because of the possible prejudice to the governor in the dismissal of the juror.
c. Appellate courts cannot reverse on questions about jury deliberations.
d. There can be no reversal of the case absent some error in testimony or jury instructions.
e. none of the above
88. In which system are bankruptcy courts located?
a. Federal court system
b. State court system
c. State lesser court system
d. Municipal courts
e. none of the above
89. Which of the following courts is not a court of original jurisdiction?
a. U.S. Supreme Court
b. City court
c. Federal courts of appeals
d. Probate court
e. All of the above courts have some form of original jurisdiction.
90. Sarah Sajak was sexually harassed at work. She filed a claim with the EEOC under Title 42 of the United States
Code. The EEOC has given her a right to sue letter, a requirement for her to be able to bring suit for damages for
the harassment. In which court must Sarah file her claim?
a. State trial court
b. Federal administrative court
c. Federal district court
d. Federal court of appeals since the agency has heard the case
e. none of the above
91. If a case is reversed and remanded, it:
a. is dismissed with no further proceedings.
b. is reversed with no further proceedings.
c. requires additional hearings or determinations at the trial court level.
d. means that the lower court acted unconstitutionally.
e. none of the above
92. Which label is appropriate for the party appealing a case?
a. respondent
b. defendant
c. appellant
d. either a or c
93. Which of the following is an example of a reversible error?
a. misapplication of the law by the judge
b. refusal to allow material testimony
c. trial publicity
d. a and b only
94. The U.S. Supreme Court grants certiorari:
a. when state courts do not agree on a decision in similar fact patterns.
b. when circuit courts do not agree on a decision in similar fact patterns.
c. in all cases.
d. only on cases tried in federal court.
95. During the trial of Dennis Kozlowski, former CEO of Tyco, a juror’s identity was revealed and her picture was
printed in two newspapers with stories that depicted her as the holdout in the deliberations. The juror received a
threat on her life. Requiring the juror to continue and deliberate in these circumstances:
a. is reversible error.
b. is standard procedure.
c. is outlawed by in personam jurisdiction.
d. none of the above
96. Smitty’s is a bait and tackle shop near Lake of the Ozarks, Missouri, owned by Red Smith. Smitty’s has a website,
www.smittys.com. Smitty’s Bait Shop is located in the Adirondacks in New York, owned by Buzz Smith, who also
runs a catalogue business. When Buzz tried to get the website, www.smittys.com, for use with his catalogue sales,
he discovered Smitty’s of Missouri. He filed suit in federal district court in New York for infringement. “Everyone
will go to the site and think I don’t have catalogue merchandise! I’ll lose business.” Red says, “I’m in Missouri.
How could anyone be confused? And, I don’t sell by catalogue or the Internet. And, I’m not going to New York to
defend a pointless lawsuit.”
a. Red is correct, New York has no jurisdiction over him.
b. Buzz is correct. Red’s Internet site subjects him to New York jurisdiction.
c. Neither is correct, the case belongs in state court.
d. none of the above
97. Xcruise.com is an Internet company that sells discount cruises over the Internet to customers throughout the United
States. Xcruise.com has one office, located in Fargo, North Dakota. All of Xcruise.com’s employees, equipment
and boats are located in either Miami or Libya. The Bottonskis, residents of Virginia, bought two first-class tickets
on Xcruise.com’s Alaska cruise. Mrs. Bottonski was injured when she fell on a wet floor near the dinner buffet.
What court is likely to have jurisdiction if Mrs. Bottonski brings suit to recover her $123,000 in medical bills?
a. Virginia federal district court
b. no court in the U.S.; Libya has jurisdiction
c. state court only in North Dakota
d. federal district court in North Dakota or Florida
98. An appeal of an IRS decision against you on your tax return would be heard in:
a. state court.
b. tax court.
c. Federal District Court.
d. U.S. Court of Appeal.
99. The U.S. Department of Defense (DOD) is bringing suits against several contractors in Iraq who are alleged to
have paid kickbacks to military personnel in order to win contracts. The DOD wants portions of the contract prices
paid refunded by the contractors. The DOD suits against the contractors:
a. must be heard in the U.S. Supreme Court.
b. will be heard in the military courts of justice.
c. will be appellate level case trials.
d. will be heard in federal district court or the court of claims.
100. Mad Hatters, Inc. is a costume store based in Navajo County, Arizona. It has stores in Navajo, Maricopa, Pima and
Pinal counties. Xeon Corporation entered into a contract for Mad Hatters to furnish 75 costumes for an ad
campaign. Xeon has its headquarters in Maricopa County, but has offices in Pima and Navajo Counties. Xeon has
failed to pay for the costumes. Mad Hatters has brought suit in Superior Court, the trial court for Arizona. The
county in which the suit is held is a question of:
a. venue.
b. fact.
c. federal jurisdiction.
d. none of the above
101. Which of the following is NOT true of long-arm statutes?
a. they are state jurisdiction statutes
b. they are not subject to federal review
c. they vary from state-to-state
d. all of the above are not true
102. Which of the following is an issue in subject matter jurisdiction determinations?
a. the residence of the defendant
b. the nature of the controversy
c. the amount of the controversy
d. all of the above are issues in subject matter jurisdiction
103. A traffic court:
a. is a court of federal jurisdiction.
b. is a court of limited jurisdiction.
c. is an appellate court from small claims.
d. both a and b
104. Which is not part of the National Reporter System?
a. Federal Supplement
b. Pacific Reporter
c. State supreme court decisions
d. both a and c
105. A lawyer who knows that his client is guilty of a breach of contract:
a. must disclose the information to the court.
b. commits an ethical violation by representing the client.
c. must keep that information confidential.
d. both a and b
106. Mrs. Phillips purchased a glass baking dish manufactured by Anchor Hocking Glass. She purchased the dish at a
Thrifty Drug Store in Mesa, Arizona. Anchor Hocking manufactures its glassware in Ohio and distributes its
products nationally. When Mrs. Phillips removed the baking dish from her oven (while making a casserole), the dish
exploded and Mrs. Phillips was injured. Mrs. Phillips‘ attorney wants to bring a product liability lawsuit against
Anchor Hocking in Arizona. Anchor Hocking does not believe it can be forced to defend a lawsuit in Arizona since
it has no offices there. Can the Arizona courts take jurisdiction?
107. Diagram a typical state court system.
108. Allegheny Airlines is incorporated in Delaware and has flights throughout the states of Pennsylvania, Ohio, West
Virginia, New Jersey, New York, and Connecticut, and also in Washington, D.C. Wayne Jones, a resident of Las
Vegas, Nevada, is severely injured when an Allegheny flight carrying him from Pittsburgh to Johnstown,
Pennsylvania, crashes on landing. Jones has damages of over $250,000. In what court can Jones properly bring suit
and where?
109. Give five reasons why a court may choose not to follow precedent.
110. Timberline Lumber, Inc., sued Teal Developers, Inc., because Teal had failed to pay a $43,000 bill owed to
Timberline. Both companies are incorporated in Montana and operate only in Montana. Timberline lost at the trial
and now wants to appeal the decision. Answer the following questions:
a. What court would have jurisdiction over the suit?
b. Who is the plaintiff? Who is the defendant?
c. On appeal, who is the appellant?
d. What grounds would cause the appellate court to reverse?
111. Gretta Grietham, a Michigan resident, purchased investment bonds from Lincoln Savings and Loan. Lincoln
experienced some setbacks and has now been taken over by the Resolution Trust Corporation of the federal
government. Gretta’s bonds are now worthless (she purchased $12,000 of the bonds). Gretta’s attorney has advised
her that she probably has a chance of recovery from the officers and directors for securities fraud under the 1934
Securities Exchange Act. Lincoln is a California corporation doing business in California with investors all over the
country. Where and in what court could Gretta bring her suit?
112. List international courts with consensual jurisdiction.
113. List three ways your case would properly be within the jurisdiction of the federal district court.
114. Name three courts in the federal system that are not courts of general jurisdiction.
115. Adrienne Zhang, a resident of Beijing, China, took provera, a hormone, through tablets called Pro-V plus,
manufactured by Eli-Shiley, a U.S. firm. Zhang experienced heart damage and wishes to recover. Where is her suit
against Eli-Shiley properly brought and which law applies?
116. Jane DeRonnee had carpet installed in her home and the carpet is not flat to the floor. In fact, it has so many
waves that she and her friends and guests have been tripping over certain areas of her home. She has tried to have
the carpeting fixed and has asked both the carpet retailer and the installer to solve the problem They have both
refused. Walk Jane through the correct court system for her case. Explain to her where and how to take her case.
Also explain to her what happens if she loses a case along the way.
117. When would a business selling merchandise over the Internet be required to defend a lawsuit in a state in which it
had no offices?
118. Describe the role of the London Commercial Court.
DFA, a Kansas cooperative, has its principal place of business in Kansas City, Missouri. Bassett, an international
commodities broker and a Canadian corporation, has its principal place of business in Toronto, Ontario. Bassett is
not qualified to do business in Missouri; has no agent for service of process, offices, property, bank accounts,
telephone listings, or employees there; and does not advertise or promote its business there. Between July 2009 and
February 2011, Bassett purchased more than 3.5 million pounds of dairy products from DFA in about 80
transactions totaling $5 million. The parties did not have a long-term contract, agreeing to each transaction
individually by phone. Bassett communicated by phone and email with DFA‘s Missouri headquarters about delivery
and billing. Bassett stopped paying on his account at DFA and DFA sued Bassett in Missouri for failure to pay.
The district court dismissed the suit for lack of personal jurisdiction. The total amount due on the account was
$220,000. Answer the following three questions based on this fact pattern.
119. Which of the following statements is correct about subject matter jurisdiction?
a. Federal courts in the United States would have subject matter jurisdiction.
b. Federal courts in the United States do not have subject matter jurisdiction because Bassett is from another
country.
c. Federal courts do not have jurisdiction because the amount in dispute does not meet the federal minimums
for jurisdiction.
d. Because this is a contract action and no federal statute is involved, the federal courts do not have jurisdiction.
120. Which of the following is correct about in personam jurisdiction?
a. The courts of Missouri would have jurisdiction over the case because Bassett did business on a regular basis
with a Missouri company.
b. The courts of Missouri would not have jurisdiction because Bassett had no presence in the state.
c. The terms of the contract would control whether the courts of Missouri had jurisdiction over Bassett.
d. No state in the United States would have jurisdiction over Bassett.
121. What type of case is this?
a. Small claims
b. Court of claims
c. Civil matter
d. Bankruptcy matter