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Exam 3: The American Judicial System, Jurisdiction, and Venue

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Question 21

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If an Oregon Corporation sues the Environmental Protection Agency, a federal administrative agency, it may sue in either an Oregon state court or a federal district court located in Oregon.

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Question 22

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The Federal Circuit Court of Appeals, located in Washington D.C., has exclusive jurisdiction to hear appeals from federal courts of appeals throughout the country prior to their appeal to the U.S. Supreme Court. The Federal Circuit Court of Appeals, located in Washington D.C., has exclusive jurisdiction to hear patent, copyright, and trademark cases or cases in which the United States is named as a defendant.

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Question 23

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According to the Zippo standard, websites that provide information but do not provide the opportunity to conduct online transactions are deemed to be passive and do not create personal jurisdiction over the defendant company that operates the site.

When a U.S. company conducts business with a foreign company online, U.S. law will automatically apply to the transaction should there be a dispute.

You are a defense attorney representing a man who has ignited a bomb in a public building in the city of Xanadu, a small city. It appears that everyone in Xanadu knows someone who died in the blast. The crime has been front-page news every day for a year, and local television personalities have consistently ranted about your client's guilt. You want to have the trial moved to another city. What is your argument, and should it be successful?

A discretionary order issued by the Supreme Court and other federal courts granting a request to argue an appeal is called a _______.

Which of the following courts renders decisions binding only on the parties involved in the dispute?

Mountain Stuff is a Colorado corporation selling mountain-climbing equipment. It maintains a website that provides information about its products as well as general information about mountain climbing. A consumer cannot purchase equipment directly from the site but can request order forms to purchase equipment directly from Mountain Stuff. Mountain Stuff maintains no offices outside Colorado, and no products are sold by retailers outside Colorado. After an accident involving climbers using the equipment of a competitor, Utah Mountain Sports, Mountain Stuff prints an article on the general-information portion of its website that accuses Utah Mountain Sports of intentionally manufacturing and selling defective and substandard equipment. There is no direct proof referenced in the article and in fact the article is incorrect. Nevertheless, other articles are written referencing the Mountain Stuff statements, and Utah Mountain Sports has seen an otherwise unexplained 10 percent decline in its typically $1 million-a-month sales in each of the three months since the Mountain Stuff article was published. If Utah Mountain Sports sues in federal court in Utah, will the court be able to find personal and subject matter jurisdiction under these circumstances?

Kathy and Tom are filing for divorce. Their marital home, which they still live in, is worth $7.5 million and their furniture and other assets are worth more than $25 million. Kathy wants half of everything, but Tom doesn't think she deserves more than 25 percent. They may file in federal court to have their dispute adjudicated.

Mackey Corp. is incorporated in Delaware but has no office or personnel in the state. Its main office is in Arizona. Mackey would have a physical presence in Delaware if:

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?

States provide an automatic right to appeal inferior court decisions, usually to the state's trial court.

Which of the following does not occur in appellate court trials?

The Zippo standard requires a case-by-case analysis:

Which of the following situations will create diversity jurisdiction?

With regard to international business transactions conducted online, what are the two theories used to determine whose law applies in a dispute?

A court may hear a case if it has jurisdiction over either the subject matter of the dispute or the parties in the case.

Christine is a resident of Delaware and, while shopping in Pennsylvania, is assaulted by Puuki, a New Jersey resident. Ordinarily, venue in this case would originally be in:

The ultimate arbiter of federal law is:

The Supreme Court case of Pennoyer v. Neff articulated a framework for the exercise of personal jurisdiction by lower courts that applied to: