Exam 2: Courts and Jurisdiction

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Sue, a resident of the state of New York, is visiting her aunt in Iowa. On her way, her car is hit by Jerry, a resident of the state of Iowa who is drunk. Sue is injured in the accident. Which of the following actions is Sue allowed to take?

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(Multiple Choice)

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Question 1

Correct Answer:

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A petitioner must file a petition for certiorari, asking the Supreme Court to hear the case.

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(True/False)

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Question 2

Correct Answer:

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True

Discuss the significance of the Zippo Manufacturing Company v. Zippo Dot Com, Inc. case in terms of jurisdiction in cyberspace.

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(Essay)

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Question 3

Correct Answer:

Verified

A seminal case that addressed jurisdiction in cyberspace was Zippo Manufacturing Company v. Zippo Dot Com, Inc. Zippo Manufacturing Company (Zippo) manufacturers its well-known line of tobacco lighters in Bradford, Pennsylvania, and sells them worldwide. Zippo Dot Com, Inc. (Dot Com), which was a California corporation with its principal place of business and its servers located in Sunnyvale, California, operated an Internet website that transmitted information and sexually explicit material to its subscribers.
Three thousand of Dot Com's 140,000 paying subscribers worldwide were located in Pennsylvania. Zippo sued Dot Com in U.S. District Court in Pennsylvania for trademark infringement. Dot Com defended, alleging that it was not subject to personal jurisdiction in Pennsylvania because the "minimum contacts" and "traditional notions of fair play and substantial justice" standards were not met and therefore did not permit Pennsylvania to assert jurisdiction over it.
The court held that Dot Com was subject to personal jurisdiction under the Pennsylvania long-arm statute and ordered Dot Com to defend itself in Pennsylvania.

________ refers to a concept that requires lawsuits to be heard by a court with jurisdiction that is nearest the location in which an incident occurred or where the parties reside.

(Multiple Choice)

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Question 4

Jeremy crashes his friend John's car because he is an incompetent driver. Emily, John's sister, is outraged and wants John to sue his friend. John refuses to file a case against his long-time friend. Which of the following is Emily allowed to do in this situation?

(Multiple Choice)

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Question 5

The geographical area served by each U.S. court of appeals is referred to as a ________.

(Multiple Choice)

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Question 6

The U.S. Supreme Court hears new evidence and testimony that was not permitted in the U.S. district court.

(True/False)

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Question 7

The decisions of the U.S. Supreme Court can be appealed to higher courts.

(True/False)

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Question 8

________ refer to cases arising under the U.S. Constitution, treaties, and federal statutes and regulations.

(Multiple Choice)

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Question 9

In which of the following cases do federal courts have exclusive jurisdiction?

(Multiple Choice)

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Question 10

No new evidence or testimony is heard in the state supreme courts.

(True/False)

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Question 11

The ________ hears cases brought against the United States.

(Multiple Choice)

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Question 12

Which of the following similarities is observed between tie and plurality decisions reached by the U.S. Supreme Court?

(Multiple Choice)

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Question 13

The federal court must apply federal laws in deciding diversity of citizenship cases.

(True/False)

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Question 14

Federal judges of the U.S. district courts are appointed for 14-year terms.

(True/False)

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Question 15

________ refers to a contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract.

(Multiple Choice)

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Question 16

________ are courts that hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts.

(Multiple Choice)

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Question 17

Donna Driver, an Idaho resident, operated her vehicle negligently, causing an accident in Boise, Idaho. Donna veered into oncoming traffic, hitting Valerie Victim's expensive new automobile. Valerie, a resident of Wyoming, was only in Idaho for a short business trip. The damage to Valerie's vehicle is estimated to be $25,000, which is the amount Valerie now seeks in damages. Neither Donna nor Valerie was physically or emotionally injured. In what court(s) can Valerie properly file a lawsuit seeking damages? Why?

(Essay)

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Question 18

________ are courts that hear matters of a specialized or limited nature.

(Multiple Choice)

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Question 19

The Chief Justice of the Supreme Court is elected by the Associate Justices of the U.S. Supreme Court.

(True/False)

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Question 20

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Exam 2: Courts and Jurisdiction

Sue, a resident of the state of New York, is visiting her aunt in Iowa. On her way, her car is hit by Jerry, a resident of the state of Iowa who is drunk. Sue is injured in the accident. Which of the following actions is Sue allowed to take?

A petitioner must file a petition for certiorari, asking the Supreme Court to hear the case.

Discuss the significance of the Zippo Manufacturing Company v. Zippo Dot Com, Inc. case in terms of jurisdiction in cyberspace.

________ refers to a concept that requires lawsuits to be heard by a court with jurisdiction that is nearest the location in which an incident occurred or where the parties reside.

Jeremy crashes his friend John's car because he is an incompetent driver. Emily, John's sister, is outraged and wants John to sue his friend. John refuses to file a case against his long-time friend. Which of the following is Emily allowed to do in this situation?

The geographical area served by each U.S. court of appeals is referred to as a ________.

The U.S. Supreme Court hears new evidence and testimony that was not permitted in the U.S. district court.

The decisions of the U.S. Supreme Court can be appealed to higher courts.

________ refer to cases arising under the U.S. Constitution, treaties, and federal statutes and regulations.

In which of the following cases do federal courts have exclusive jurisdiction?

No new evidence or testimony is heard in the state supreme courts.

The ________ hears cases brought against the United States.

Which of the following similarities is observed between tie and plurality decisions reached by the U.S. Supreme Court?

The federal court must apply federal laws in deciding diversity of citizenship cases.

Federal judges of the U.S. district courts are appointed for 14-year terms.

________ refers to a contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract.

________ are courts that hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts.

________ are courts that hear matters of a specialized or limited nature.

The Chief Justice of the Supreme Court is elected by the Associate Justices of the U.S. Supreme Court.

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