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BLAW Exam 1, Week 4 - Melvin Ch. 5, LES 305 Exam 1 Review ASU, Clark Questions And Answers 2024.
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BLAW Exam 1, Week 4 - Melvin Ch. 5, LES 305 Exam 1 Review ASU, Clark Questions And Answers 2024.
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BLAW Exam 1, Week 4 - Melvin Ch. 5,LES 305 Exam 1 Review ASU, Clark
Questions And Answers 2024
D - Answers:The trial court in New York has heard a case and issued a decision. This decision
A) will be precedent in New York courts only.
B) will be precedent in New York courts and the courts of states immediately surrounding New
York.
C) will be precedent in the courts of all 50 states.
D) will not be precedent in any U.S. courts.
A - Answers:Which of the following does not occur in appellate court trials?
A) Presentation of testimony and new evidence.
B) Oral arguments by each side's attorneys.
C) Consideration of briefs prepared by each side's attorneys that outline the law and applicable
precedent pertinent to the case.
D) Review of lower court transcripts and rulings.
C - Answers:Which of the following courts renders decisions binding only on the parties
involved in the dispute?
A) The Pennsylvania Supreme Court.
B) The U.S. Supreme Court.
C) The U.S. District Court.
D) The Michigan Appellate Court.
C - Answers:When an attorney requests a change of venue, the attorney is asking
A) for a different judge because of the assigned judge's potential bias.
B) to move the trial from a state trial court to a federal court in the same state.
,C) to move the trial from one location to another due to the potential unfairness of a trial in the
first location.
D) to change the charges that the defendant was originally arrested for and is now on trial for.
D - Answers:Because it is not a state, cases arising in Washington, D.C., are heard by
A) a specially appointed court that reports directly to the U.S. Supreme Court.
B) courts from the Virginia state system because Virginia is the closest state.
C) the Federal Circuit Court of Appeals.
D) the Court of Appeals for the District of Columbia.
C - Answers:Rich has been arrested for a series of 21 home burglaries that spanned nine months.
The news regarding the crime spree was on television, on radio, and in the newspapers on a
regular basis. His lawyer doesn't believe that Rich can get a fair trial locally, so he will ask for
A) a change in personal jurisdiction.
B) a change in subject matter jurisdiction.
C) a change in venue.
D) a change using a long-arm statute.
D - Answers:Diversity jurisdiction requires citizens of two different states
A) or a controversy of $50,000 or more.
B) and a controversy of $50,000 or more.
C) or a controversy of $75,000 or more.
D) and a controversy of $75,000 or more.
B - Answers:Which of the following does not typically trigger the use of a long-arm statute?
A) The defendant transacts business within the plaintiff's state borders.
B) The defendant violates a plaintiff's state statutory law.
C) The defendant commits negligence resulting in loss to the plaintiff within the plaintiff's state
borders.
D) The defendant owns property in the plaintiff's state.
,C - Answers:Federal court judges are
A) selected by the president without outside confirmation.
B) nominated by the president and subject to full congressional confirmation.
C) nominated by the president and subject to Senate confirmation.
D) nominated by the President and subject to House of Representative confirmation.
A - Answers:When a party files a writ of certiorari to the U.S. Supreme Court, how many
justices must vote to hear the case for it to be accepted for review?
A) four
B) five
C) six
D) the vote must be unanimous.
C - Answers:The ultimate arbiter of federal law is
A) the Senate.
B) the President.
C) the U.S. Supreme Court.
D) the full Congress.
B - Answers:In Clemens v. McNamee, major league pitcher Roger Clemens sued McNamee, a
trainer, over McNamee's statements to investigators and Sports Illustrated that he gave steroids
to Clemens in Toronto and New York. Clemens, a Texas citizen, filed a defamation suit in Texas
against McNamee, a citizen of New York, based on diversity of citizenship. The court decided
A) that because the defamation was published in a national magazine, minimum contacts was
established.
B) in favor of the McNamee because he did not have sufficient minimum contacts to establish
personal jurisdiction, since Texas was not the focal point of the story.
C) in favor of Clemens because he suffered distress and damage to his reputation in Texas,
which satisfied the minimum-contacts requirement to create jurisdiction.
D) in favor of Clemens because the defendant's defamation constituted purposeful availment.
, D - Answers:The "effects test" is utilized
A) to determine the amount of damages a defendant must pay the plaintiff.
B) by the U.S. Supreme Court to decide whether to accept a case for review.
C) by a federal court to determine whether state precedent should apply to a case it is
adjudicating.
D) to establish personal jurisdiction over an out-of-state defendant in certain cases when
minimum contacts do not otherwise exist.
A - Answers:Mackey Corp. is incorporated in Delaware but has no office in the state. Its main
office is in Arizona. Mackey would have a physical presence in Delaware to be sued in a case
not involving an auto accident if
A) it maintains a sales agent in Delaware.
B) it advertises its products in Delaware newspapers.
C) its sales personnel drive through Delaware to go to offices in Arizona.
D) it sells products to Delaware residents using the USPS for delivery.
D - Answers:An Oregon corporation and a New Hampshire corporation have entered into a
contract and agreed that any legal disputes will be conducted using New Hampshire law. This
agreement is called a
A) state selection clause.
B) venue selection clause.
C) site selection clause.
D) forum selection clause.
D - Answers:Which of the following is not a true statement about the standard to be used to
establish minimal contacts when determining if a court has jurisdiction over out-of-state
companies that advertise and sell products over the Internet?
A) The U.S. Supreme Court has not yet directly ruled on the issue.
B) The Zippo standard, established in Zippo Manufacturing Company v. Zippo Dot Com, Inc., is
not legally binding precedent.
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