LES 305 CHAPTER 3 EXAM QUESTIONS
AND ANSWERS
In personam jurisdiction means: - Answer-jurisdiction over the parties in a case
T/F: An Arizona company sells a computer to a California resident. The California
resident over to Florida and then the computer malfunctions. The plaintiff files suit in a
Florida court. The Florida court has jurisdiction. - Answer-FALSE. (The Florida court has
no relationship to the underlying transaction so there are no "minimum contacts",
therefore no jurisdiction)
Long-arm statutes: - Answer-are simply procedural statutes that still require "minimum
contacts" for use
T/F: Forum selection clauses stipulate that if litigation is required, a particular court in a
particular state or country will have jurisdiction over the parties to the case. - Answer-
TRUE.
T/F: Once a court decision is issued, it cannot be reversed without legislative action. -
Answer-FALSE. The decision may be appealed.
Appeals courts do what? - Answer-Review the records of the lower courts to determine
if the law is applied properly.
If a case is reversed and remanded, it: - Answer-requires additional hearings or
determinations at the trial court level.
BP was found grossly negligent in a civil trial for causing the Deepwater Horizon oil
spilling the Gulf of Mexico in April 2010. The judge assigned 67% of the liability to BP,
30% to Transocean and 3% to Halliburton. During the trial, what did the court apply? -
Answer-the rule of law from previous cases.
Where is the appropriate place for the government to file and try the case involving the
violation of federal environmental laws by BP? - Answer-federal district court.
What equitable remedy could the plaintiffs seek to prevent BP from operating in the Gulf
of Mexico again? - Answer-an injunction
What is dicta? - Answer-the discussion of the rule of law
Precedent does not have to be followed when: cases are factually distinguishable,
precedent is from another jurisdiction, technology changes, there are
sociological/moral/economic changes, or all of the above. - Answer-All of the above.
AND ANSWERS
In personam jurisdiction means: - Answer-jurisdiction over the parties in a case
T/F: An Arizona company sells a computer to a California resident. The California
resident over to Florida and then the computer malfunctions. The plaintiff files suit in a
Florida court. The Florida court has jurisdiction. - Answer-FALSE. (The Florida court has
no relationship to the underlying transaction so there are no "minimum contacts",
therefore no jurisdiction)
Long-arm statutes: - Answer-are simply procedural statutes that still require "minimum
contacts" for use
T/F: Forum selection clauses stipulate that if litigation is required, a particular court in a
particular state or country will have jurisdiction over the parties to the case. - Answer-
TRUE.
T/F: Once a court decision is issued, it cannot be reversed without legislative action. -
Answer-FALSE. The decision may be appealed.
Appeals courts do what? - Answer-Review the records of the lower courts to determine
if the law is applied properly.
If a case is reversed and remanded, it: - Answer-requires additional hearings or
determinations at the trial court level.
BP was found grossly negligent in a civil trial for causing the Deepwater Horizon oil
spilling the Gulf of Mexico in April 2010. The judge assigned 67% of the liability to BP,
30% to Transocean and 3% to Halliburton. During the trial, what did the court apply? -
Answer-the rule of law from previous cases.
Where is the appropriate place for the government to file and try the case involving the
violation of federal environmental laws by BP? - Answer-federal district court.
What equitable remedy could the plaintiffs seek to prevent BP from operating in the Gulf
of Mexico again? - Answer-an injunction
What is dicta? - Answer-the discussion of the rule of law
Precedent does not have to be followed when: cases are factually distinguishable,
precedent is from another jurisdiction, technology changes, there are
sociological/moral/economic changes, or all of the above. - Answer-All of the above.
