COMPLETE QUESTIONS AND ANSWERS
◉ The amount in controversy in a diversity of citizenship case must
be more than $1 million before a federal court can take jurisdiction.
True
False. Answer: b. False
The amount in controversy in a diversity of citizenship case must
exceed $75,000.
◉ Cases involving diversity of citizenship arise only between citizens
of different states.
a. True
b. False. Answer: b. False
Cases involving diversity of citizenship also arise between citizens of
different countries.
◉ Conflict of Laws is a set of procedural rules which help the judge
decide whether he/she will hear the case.
True
False. Answer: b. False
Conflict of Laws (COLs) is a set of rules that help the judge
determine the legal system and the law of the jurisdiction that
,should be applied to the legal dispute. For example, in Erie R.R. v
Tompkins, the COLs rules of the state of NYC provided that the
federal court for the Southern district of New York apply
Pennsylvania law because the accident happened in Pennsylvania.
◉ Pete (Wisconsin resident) and Dave (Iowa resident) are both
driving down Green Street in Champaign. Dave becomes distracted
and slams into Pete, totaling the car. Pete sues Dave for $83,000.
If Pete filed the case in an Iowa state court, the court could obtain
personal jurisdiction over the parties.
True
False. Answer: A. True
Pete, the plaintiff, consented to the court's jurisdiction by filing the
case. The court also has personal jurisdiction over Dave, the
defendant, because Dave is a resident of Iowa.
◉ Generally, a state court's power is limited to the territorial
boundaries of the state in which it is located and the immediately
adjacent states.
a. True
b. False. Answer: B. False
Under the authority of a state long arm statute, a court can exercise
personal jurisdiction over certain out-of-state defendants based on
activities that took place within the state.
,◉ The power of judicial review has remained unchallenged since
which Supreme Court decision?
a. Marbury v. Madison
b. Texas v. Johnson
c. Miranda v. Arizona. Answer: a. Marbury v. Madison
◉ When a state exercises jurisdiction over property within that
state, this type of jurisdiction is called in personam.
a. True
b. False. Answer: False
◉ A long arm statute allows one state's court to exercise jurisdiction
over a defendant from another state who has _______ with the state in
which the court is located.. Answer: Minimum Contacts
◉ Concurrent Jurisdiction. Answer: Cases involving federal
questions and diversity-of-citizenship cases.
◉ Exclusive Federal Jurisdiction. Answer: Cases involving federal
crimes, bankruptcy, patents, copyrights, trademarks, and suits
against the United States.,
, ◉ Exclusive State Jurisdiction. Answer: Cases involving all matters
not subject to federal jurisdiction.
◉ Standing to sue has three elements. What are they?. Answer:
Causation, Remedy, and Harm
◉ Trial Courts. Answer: Often deal with questions of fact.,
◉ Appellate or Reviewing Courts. Answer: Deal with questions of
law.
◉ Which of the following does the U.S. Supreme Court have to issue
before it hears a case?
a. An exact date and time of when a case will be reviewed.
b. A writ of certiorari.
c. A statement to the press indicating that it will hear a case..
Answer: b. A writ of certiorari.
◉ A state court can exercise jurisdiction over an out-of-state
defendant who does business in the state over the Internet.
a. True
b. False. Answer: True
For a court to exert personal jurisdiction over a defendant, the
defendant must have minimum contacts, such as the presence of a