BLAW 341 UPDATED EVALUATION EXAM ALL
QUESTIONS AND ANSWERS SURE A+
✔✔Ji Haw Industrial Co V Broquet (X-box case) - ✔✔A woman in Texas's XBOX
catches on fire, she sues the New Jersey manufacturer who makes the parts with
jurisdiction in Texas. New Jersey manufacturer asks it to be thrown out for lack of
jurisdiction BUT with stream of commerce theory XBOX did have enough minimum
contact because they thought parts would be going into every XBOX created and
because of this stream the manufacturer subjected themselves to the jurisdiction of any
state.
✔✔State Court Subject Matter Jurisdiction - ✔✔State courts have subject matter
jurisdiction in ANY case over which no other court has "exclusive" jurisdiction.
✔✔Federal Courts: Subject Matter Jurisdiction - ✔✔Federal Courts have subject matter
jurisdiction when either:
1. A "federal question" is at issue OR
2. Diversity of Citizenship between parties exists AND the amount in controversy
EXCEEDS $75,000.
✔✔Federal Question - ✔✔A "federal question" exists when the plaintiff's cause of action
(basis for the case) arises, at least in part, from a question of federal law. This federal
question may arise from interpretation and application of
-The U.S. Constitution
, -A federal statute (law passed by congress)
-A treaty of the United States.
✔✔Diversity of Citizenship - ✔✔1. The plaintiff and defendant must be residents of
differenr states.
2. The dollar amount in controversy must exceed $75,000.
✔✔Concurrent jurisdiction - ✔✔Jurisdiction that exists when two different courts have
the power to hear a case.
✔✔Exclusive jurisdiction - ✔✔Jurisdiction that exists when a case can be heard only in
a particular court or type of court.
✔✔Venue - ✔✔Assuming several courts have jurisdiction, venue is the determination of
which specific court should hear the case. Generally "venue" selected will be in the
same geographic neighborhood where controversy arose or where parties reside (or
have minimum contacts).
✔✔ADR - ✔✔Alternative, Dispute, Resolution.
Non-traditional (non-court) methods for dispute resolution.
✔✔Method to dispute resolution - ✔✔Negotiation, mediation (third-party mediator), and
arbitration.
✔✔Arbitration - ✔✔The parties present their arguments and evidence before an
arbitrator at a formal hearing. The arbitrator renders a decision to resolve the parties'
dispute. The settling of a dispute by submitting it to a disinterested third party (other
than a court), who renders a decision.
✔✔Justiciable controversy - ✔✔A controversy that is not hypothetical or academic but
real and substantial. It is a requirement that must be satisfied before a court will hear a
case.
✔✔Convention requires arbitration IF - ✔✔1. Parties entered into a WRITTEN
agreement to arbirate AND
2. The agreement stipulates arbitration will occur in a signatory country; AND
3. The agreement arises out of a commercial legal relationship; AND
4. At least one party to the contract is NOT a U.S. citizen.
✔✔Police Powers - ✔✔state regulatory powers that give states authority to regulate
activities that occur within their borders.
-Criminal Law
-Parking Regulation
-Health, Safety
-Licensing
QUESTIONS AND ANSWERS SURE A+
✔✔Ji Haw Industrial Co V Broquet (X-box case) - ✔✔A woman in Texas's XBOX
catches on fire, she sues the New Jersey manufacturer who makes the parts with
jurisdiction in Texas. New Jersey manufacturer asks it to be thrown out for lack of
jurisdiction BUT with stream of commerce theory XBOX did have enough minimum
contact because they thought parts would be going into every XBOX created and
because of this stream the manufacturer subjected themselves to the jurisdiction of any
state.
✔✔State Court Subject Matter Jurisdiction - ✔✔State courts have subject matter
jurisdiction in ANY case over which no other court has "exclusive" jurisdiction.
✔✔Federal Courts: Subject Matter Jurisdiction - ✔✔Federal Courts have subject matter
jurisdiction when either:
1. A "federal question" is at issue OR
2. Diversity of Citizenship between parties exists AND the amount in controversy
EXCEEDS $75,000.
✔✔Federal Question - ✔✔A "federal question" exists when the plaintiff's cause of action
(basis for the case) arises, at least in part, from a question of federal law. This federal
question may arise from interpretation and application of
-The U.S. Constitution
, -A federal statute (law passed by congress)
-A treaty of the United States.
✔✔Diversity of Citizenship - ✔✔1. The plaintiff and defendant must be residents of
differenr states.
2. The dollar amount in controversy must exceed $75,000.
✔✔Concurrent jurisdiction - ✔✔Jurisdiction that exists when two different courts have
the power to hear a case.
✔✔Exclusive jurisdiction - ✔✔Jurisdiction that exists when a case can be heard only in
a particular court or type of court.
✔✔Venue - ✔✔Assuming several courts have jurisdiction, venue is the determination of
which specific court should hear the case. Generally "venue" selected will be in the
same geographic neighborhood where controversy arose or where parties reside (or
have minimum contacts).
✔✔ADR - ✔✔Alternative, Dispute, Resolution.
Non-traditional (non-court) methods for dispute resolution.
✔✔Method to dispute resolution - ✔✔Negotiation, mediation (third-party mediator), and
arbitration.
✔✔Arbitration - ✔✔The parties present their arguments and evidence before an
arbitrator at a formal hearing. The arbitrator renders a decision to resolve the parties'
dispute. The settling of a dispute by submitting it to a disinterested third party (other
than a court), who renders a decision.
✔✔Justiciable controversy - ✔✔A controversy that is not hypothetical or academic but
real and substantial. It is a requirement that must be satisfied before a court will hear a
case.
✔✔Convention requires arbitration IF - ✔✔1. Parties entered into a WRITTEN
agreement to arbirate AND
2. The agreement stipulates arbitration will occur in a signatory country; AND
3. The agreement arises out of a commercial legal relationship; AND
4. At least one party to the contract is NOT a U.S. citizen.
✔✔Police Powers - ✔✔state regulatory powers that give states authority to regulate
activities that occur within their borders.
-Criminal Law
-Parking Regulation
-Health, Safety
-Licensing
