Exam 3: The Judicial System

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In the citation 501 F.3d 29,the case can be found on what page?

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The U.S.Court of Appeals is a court of original jurisdiction.

(True/False)
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Which of the following would not‾\underline{\text{not}} be a cite for a U.S.Supreme Court opinion?

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An appellate court can require that a new trial be held.

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An appeal of an IRS decision against you on your tax return would be heard in:

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Federal district courts are the general trial courts of the federal system.

(True/False)
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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:

(Multiple Choice)
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List three ways your case would properly be within the jurisdiction of the federal district court.

(Essay)
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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.​ -Which of the following is correct about in personam jurisdiction?

(Multiple Choice)
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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?

(Essay)
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Which label is appropriate for the party appealing a case?

(Multiple Choice)
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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?

(Multiple Choice)
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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.

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When a case is remanded,the lower court must conduct additional proceedings.

(True/False)
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The party who appeals a decision is called an appellant.

(True/False)
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A traffic court:

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List international courts with consensual jurisdiction.

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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?

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Specialty courts exist in both the state and federal systems.

(True/False)
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American Power is an electric utility with plants and facilities in Idaho,Wyoming,Montana,and Colorado.American is headquartered in Wyoming,and its transmission lines run through all the states where it has plants or offices,as well as in Utah.A homeowner has transmission lines running near his property and claims that he is struggling to sell his home because the power lines are so near.The homeowner has filed suit in Utah federal district court and is seeking $150,000 in damages.​​ -​Which of the following is true?

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