Exam 3: The Judicial System

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?

Small claims courts are:

U.S.Supreme Court opinions are reported in three different reporter series.

Justices of the U.S.Supreme Court are nominated by the President of the United States and are confirmed by the Senate.

A case that is remanded requires further procedures.

Small claims courts are state courts of original jurisdiction in which minimal damage suits are tried.

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?

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:

Stare decisis is a Latin term meaning:

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."

The International Court of Justice can compel parties to appear before it.

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 case in which the constitutionality of the USA Patriot Act is challenged would be brought in state court.

The number of appeals to the United States Supreme Court is the same as the number granted certiorari.

A court can have in personam jurisdiction over an out-of-state defendant by the defendant's consent.

A court that has subject matter jurisdiction over a case also has in personam jurisdiction over the case.

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?