Law: SB #2 Flashcards
A federal district court has the power to hear an automobile accident lawsuit if
The amount in question is greater than $75,000 The plaintiff and defendant are residents of different states. Both a and b None of these is correct.
c. both a and b
- In World-Wide Volkswagen Corp. v. Woodson, the facts showed that the defendant (the dealer) sold an Audi to New York residents in New York. Those people were later in an accident in Oklahoma in which the Audi was claimed to be defective and the dealer was sued in Oklahoma. Suppose, however, that the plaintiffs were Oklahoma residents who purchased an Audi while in New York. Then they were later in an accident in Oklahoma, where the Audi was claimed to be defective and the dealer was sued in Oklahoma. Which of the following is correct?The decision would probably be different (there would be jurisdiction in Oklahoma).
The decision would probably remain the same (no jurisdiction in Oklahoma).
b
Quoting from the opinion: “Petitioners carry on no activity whatsoever in Oklahoma. They close no sales and perform no services there. They avail themselves of none of the privileges and benefits of Oklahoma law.” And so on. None of this has changed. Although the plaintiffs were Oklahoma residents, all of the relevant transactions still took place in New York. The requirement of due process would be violated if Oklahoma were allowed to exercise jurisdiction over the New York dealer.
Which of the following would a federal court be most inclined to handle?
the probate of your deceased father your divorce a car accident your brother had in Oklahoma
A federal court handles federal questions (issues involving the application of federal laws) and legal problems involving diversity of citizenship. Divorces and probates do not normally involve a federal question, nor do they normally involve parties having diverse citizenship.
Which of the following is a court of limited jurisdiction?
traffic court city court municipal court justice of the peace court all options are correct
Traffic court, city court, municipal court, and Justice of the Peace court are all courts of limited jurisdiction.
Which of the following is correct?
The trial court in the federal court system is the Court of Common Pleas. The trial court in the federal court system is the Circuit Court. The trial court in the federal court system is the District Court.
c the trial court in the federal court system is the district court
Derek (from New York) and Tara (from California) are involved in an automobile accident in Oklahoma. Tara, whose injuries are reasonably valued at $30,000, sues Derek in federal court based on diversity jurisdiction. Which of the following is correct?
The federal court will use California tort law. The federal court will use Oklahoma tort law. The federal court will use New York tort law. The federal court will refuse to hear the case.
d
The federal court will refuse to hear the case because there must be more than $75,000 in controversy.
So-called long arm jurisdiction is a concept most closely associated with which of the following?
the jurisdiction of federal courts the jurisdiction of state courts
b
A critical issue for state courts is the ability to extend their “long arm” beyond state boundaries and require persons to submit themselves to the jurisdiction of that state. Federal courts do not have a “long arm” problem. As a national court, federal courts have nationwide jurisdiction.
A writ of certiorari is normally used in which of the following?
at the second appellate level in state and federal courts both appellate levels in the federal court system both appellate levels in a state court system at the first appellate level in state and federal courts
a
at the second appellate level in state and federal courts
In a state court trial with a jury who handles decisions of fact and law?
The jury shares law and fact decisions equally with the judge. The jury makes all decisions of fact and law. The judge handles questions of law and shares fact-oriented decisions with the jury.
c
The judge handles questions of law and shares fact-oriented decisions with the jury.
Below is language used by appellate courts. Which words make the most sense together?
affirmed and reversed reversed and remanded affirmed and remanded
b
reversed and remanded
In what kinds of cases is a jury used in an appellate court proceeding?
civil proceedings criminal proceedings both of these options none of these options
d
A jury is not used in an appellate court. An appellate court reviews the business of trial courts, which is the only place a jury is used. Juries are never used in appellate proceedings.
