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Civil Procedure Final Exam TEST NEWEST ACTUAL EXAM COMPLETE 135 QUESTIONS AND CORRECT DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+$14.99
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Civil Procedure Final Exam TEST NEWEST ACTUAL EXAM COMPLETE 135 QUESTIONS AND CORRECT DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+
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Civil Procedure Final Exam TEST NEWEST ACTUAL EXAM COMPLETE 135 QUESTIONS AND CORRECT DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+/Civil Procedure Final Exam TEST NEWEST ACTUAL EXAM COMPLETE 135 QUESTIONS AND CORRECT DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+
Civil Procedure Final Exam TEST NEWEST ACTUAL EXAM COMPLETE 135 QUESTIONS AND CORRECT
DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+
A lawsuit is filed in Oregon state court, and Neff is served personally in California
with process for the Oregon suit. Under Pennoyer, is there jurisdiction? - correct
answerNo
Mitchell learns that Neff is vacationing in Arizona. Mitchell files suit in Arizona
state court, and Neff is served personally with process in Arizona. Under
Pennoyer, is there jurisdiction? - correct answerYes
An International Shoe delivery truck carrying shoes from Missouri to Washington
drives through Colorado, where it hits a Colorado pedestrian. (Note: Companies
can be sued and held liable for their employee's actions, so International Shoe Co.
could be sued for this.) Can Pedestrian sue International Shoe in Colorado? -
correct answerYes
An International Shoe delivery truck carrying shoes from Missouri to Washington
drives through Colorado, where it hits a Colorado pedestrian. (Note: Companies
can be sued and held liable for their employee's actions, so International Shoe Co.
could be sued for this.) Could Pedestrian sue International Shoe in Washington? -
correct answerNo
An International Shoe delivery truck carrying shoes from Missouri to Washington
drives through Colorado, where it hits a Colorado pedestrian. (Note: Companies
can be sued and held liable for their employee's actions, so International Shoe Co.
could be sued for this.) Could Pedestrian sue International Shoe in Missouri,
where the defendant's headquarters were located? - correct answerYes
An International Shoe delivery truck carrying shoes from Missouri to Washington
drives through Colorado, where it hits a Colorado pedestrian. (Note: Companies
can be sued and held liable for their employee's actions, so International Shoe Co.
could be sued for this.) International Shoe's headquarters were located in St.
Louis, Missouri, very close to Illinois. Suppose Pedestrian has a vacation home in
Illinois and hence thinks it would be very convenient to litigate in Illinois. Can
Pedestrian sue International Shoe in Illinois? - correct answerNo
The Supreme Court majority in WWVW ultimately held that it was
unconstitutional for Oklahoma to assert personal jurisdiction over Seaway and
Worldwide Volkswagon. Which of the following best represents the court's
ultimate reason for so deciding?
,Civil Procedure Final Exam TEST NEWEST ACTUAL EXAM COMPLETE 135 QUESTIONS AND CORRECT
DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+
A. Defendants Seaway and Worldwide Volkswagon were not served with process
in the state of Oklahoma.
B. Although defendants Seaway and Worldwide Volkswagon had contacts with
Oklahoma, but they were insufficiently related to the underlying lawsuit.
C. Defendants Seaway and Worldwide Volkswagon had no contacts with
Oklahoma because the car accident occurring in Oklahoma was actually the
contact of the Robinsons, rather than the defendants.
D. There were insufficient contacts among the parties, the contested transaction,
and the forum State. - correct answerC
Justice Brennan, in dissent argued that in analyzing minimum contacts, the court
should consider which of the following?
A. Only the contacts of the plaintiff.
B. The contacts among the parties, the transaction at issue, and the forum state.
C. Contacts that the parties should have foreseen, even if they did not.
D. Only the contacts of the defendant. - correct answerC
Mary visited Yosemite State Park in California, where she purchased a mug at the
Half Dome Gift Shop. Half Dome Gift Shop has its only place of business in
California. Mary traveled back to her home state of New Mexico. At home, she
poured hot coffee in her mug and the mug exploded, seriously lacerating her
hand. Mary wants to sue Half Dome Gift Shop in state court in New Mexico. Will a
New Mexico state court have personal jurisdiction over Half Dome Gift Shop in
the suit brought by Mary?
A. Yes because their product caused harm in New Mexico.
B. No because it was Mary's unilateral act to take the mug to New Mexico.
C. No because sellers are never amenable to suit outside of the state where their
products are sold.
D. Yes because the contact of the exploding mug occurred in New Mexico and
gave rise to the lawsuit - correct answerB
,Civil Procedure Final Exam TEST NEWEST ACTUAL EXAM COMPLETE 135 QUESTIONS AND CORRECT
DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+
According to the majority in WWVW, defendants should generally be able to
structure their primary conduct in a way that they can reasonably predict where
they will be amenable to suit.
True or False? - correct answerTrue
According to the Supreme Court in Burger King, in a lawsuit over a contract, how
does it affect personal jurisdiction to have included a choice of law clause in that
contract?
A. The Court viewed a choice of law clause as having no relevance to the personal
jurisdiction inquiry.
B. The Court viewed a choice of law clause selecting the forum's law as itself a
sufficient contact with the forum to justify the assertion of personal jurisdiction
over a party to the contract.
C. The Court viewed a choice of law clause selecting the forum's law as a contact
with the forum which indicated that the defendant had sought the benefits and
protections of the forum's law.
D. The Court viewed a choice of law clause selecting the forum's law as a consent
to personal jurisdiction in the forum. - correct answerC
If you a drafting a contract and want to ensure that any litigation arising from the
contract is held in a particular forum, what kind of contract clause should you
include?
A. Choice of Forum Clause
B. Choice of Law Clause - correct answerA
Under the Court's two-prong constitutional test set out in Burger King, if a forum
is extremely reasonable under prong two, then a forum can assert jurisdiction
even if the defendant has no contacts with the forum under the first prong.
True or False? - correct answerFalse
An individual's contract with an out-of-state party alone can automatically
establish sufficient minimum contacts in the other party's home forum.
, Civil Procedure Final Exam TEST NEWEST ACTUAL EXAM COMPLETE 135 QUESTIONS AND CORRECT
DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+
True or False? - correct answerFalse
If a defendant (who has contacts with the forum under the first prong) is able to
make a truly compelling case of unreasonableness, then the unreasonableness
prong could defeat personal jurisdiction in the forum.
True or False? - correct answerTrue
Personal jurisdiction in a forum is always improper if the defendant has never
even been to that forum.
True or False? - correct answerFalse
In the United States, the substantive law applicable to a controversy may not be
the law of the forum--thus a state court in Michigan could apply the law of Florida
when adjudicating a case.
True or False? - correct answerTrue
There will be general personal jurisdiction in which of the following situations
(select all that apply):
A. In a state where a corporate defendant maintains its principal place of
business.
B. In a state where a corporate defendant is incorporated.
C. In a state where a defendant employs a substantial number of people.
D. In the state that is the domicile of an individual defendant.
E. In a state where a defendant corporation maintains a store or other physical
location.
F. In a state where an individual defendant is employed, even if the individual
does not reside in that state. - correct answerA, B, and D
For specific personal jurisdiction, you consider which of the following:
A. The defendant's contacts with the forum that are unrelated to the lawsuit.
B. Both the plaintiff's and the defendant's contacts with the forum.
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