LEB 320F Unit 1 - Exam Questions and
Answers
Common Law is unique because it is able to adapt. - Answer-true. Common Law can be
changed from case to case.
A website accessible in a jurisdiction is enough to establish general jurisdiction -
Answer-false. Simply having a website, "without requiring some level of 'interactivity'
between the defendant and consumers in the forum state" is not enough to establish
general jursidiction in a given jurisdiction.
Because a corporation is not an individual, a corporation does not have to be served
prior to a suit. - Answer-false. Corporations generally appoint and register an agent to
be served and some jurisdictions will consider service valid if any officer of the
corporation is properly served.
An effective manager of a corporation should not attempt to alter political situations -
Answer-false. An effective manager will attempt to alter political situations and
regulations to aid their company.
Johnny, a citizen of Texas, and Ash, a citizen of Texas, sue AJ, a citizen of Alabama,
and Jeff, a citizen of Florida, for $100,000 from a claim arising from state law. This case
can be brought in federal court. - Answer-true. Diversity of Citizenship allows for a case
to brought in Federal Court when there is diversity of residency between parties and the
claim is for at least $75,000. The residency requirement only applies when opposing
parties are from the same jurisdiction
Conner, a citizen of South Carolina, intentionally publishes articles defaming Blake, a
citizen of Oklahoma, in the state of California. Defamation is an intentional tort. The
state of California has personal jurisdiction over Conner. - Answer-true. If the harm of an
intentional tort is aimed at a specific jurisdiction, a court has personal jurisdiction even in
the absence of other forms of personal jurisdiction
All cases in Federal courts first appear before a Federal District Court - Answer-false.
Some cases, such as bankruptcy cases, first appear before a specialty court.
When an equitable claim and a legal claim are tried together, both claims are
determined purely by the judge. - Answer-false. When an equitable and a legal claim
are tried together, the jury makes the determination regarding the legal claim
The Due Process requirement of the constitution is met if a defendant has enough
minimum contacts for the court to establish personal jurisdiction over the defendant. -
Answer-false. Simply establishing minimum contacts does not always ensure that the
Due Process requirement is met.
, Johnny, a citizen of Texas, sues USC, a corporation incorporated in California with a
principle place of business in Texas, for $2.5 million on a claim arising from state law.
This suit can be brought in Federal Court. - Answer-false. Corporations are considered
to be citizens of both the state in which they are incorporated in and where their
principle place of business is. Because USC's principle place of business is in Texas
and Johnny is a citizen of Texas, diversity jurisdiction cannot be established
Casey, while working for the corporation B12, injures David. This injury is the result of
Casey acting outside his scope of employment. Regardless, B12 can be held liable for
Casey's actions - Answer-false. An employer generally can be held liable for the actions
of an employee if the actions of the employee was within the scope of employment
Logan, an employee of VT, causes injury to Marcus while acting in his scope of
employment. VT can be held liable for Logan's actions against Marcus - Answer-true.
An employer can be held vicariously liable for the actions of its employee if the actions
done by the employee which caused injury to the third party were within the scope of
employment
Every state has at least one level of appellate courts - Answer-true. Every state has at
least on level of appellate courts
A court of equity hears all cases that seek equitable remedies, such as injunctions -
Answer-false. There are no longer courts of equity in most states or in the federal
system
Personal jurisdiction over certain cases, such as bankruptcy cases, can be established
simply by having property relevant to the suit within the jurisdiction of the court -
Answer-true. In Rem jurisdiction, which can be established by having property within the
jurisdiction of the court, can satisfy jurisdictional requirements for a case
Johnny, a citizen of Texas, sues AJ, a citizen of Alabama, for $80,000. This case can be
brought in a Federal District Court, even if it is a claim arising from state law - Answer-
true. Diversity of Citizenship allows for a case to brought in Federal Court when there is
diversity of residency between parties and the claim is for at least $75,000.
What does a Wrongful Death Statute allow for?
a. Close relatives of deceased persons to sue those whose wrongful acts have caused
a death.
b. Friends of deceased persons to sue those whose wrongful acts have caused a death
c. Local governments to imprison those whose wrongful acts have caused a death.
d. None of the above. - Answer-A. Close relatives of deceased persons to sue those
whose wrongful acts have caused a death.
Wrongful Death Statutes generally allow only for close relatives of a deceased person to
sue those whose wrongful acts have caused a death.
