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Bule 303 test 2- hw questions with verified answers

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Bule 303
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Bule 303 test 2- hw questions with
verified answers

Jackson, a homeowner, files a lawsuit against Johnson, his construction contractor. Prior to trial,
they meet with their attorneys to try to resolve their dispute before going to trial. This
proceeding is known as - correct answer ✔✔negotiation



Karl sells Jason his house. After moving in, Jason learns that Karl failed to disclose serious
defects in the house. Jason sues Karl. After the pretrial procedures are completed, the case
enters the trial phase. The attorneys begin the process of voir dire. During voir dire - correct
answer ✔✔jurors are picked from a jury pool



Cal-Ban 3000 was a weight-loss drug made by Health Care, a Florida corporation. Tart, a citizen
of North Carolina, read ads for the product in a newspaper and bought Cal-Ban in North
Carolina from a local pharmacy. Within a week of taking the supplement, Tart suffered a
ruptured colon. Alleging that the injury was caused by Cal-Ban, Tart sued Health Care in a North
Carolina state court. Health Care asked the court to dismiss the case, arguing that the North
Carolina court could not exercise personal jurisdiction over Health Care. The court most likely -
correct answer ✔✔refused to dismiss the case, because the defendant had placed the product
in the stream of commerce in North Carolina and was subject to being sued in North Carolina.



Toybox, Inc., manufactures the Spintop, a toy that the company discovers can cause harm.
Before anyone is injured, Anne, a pediatric nurse who has not purchased a Spintop, files a suit
against Toybox, Inc. In seeking to have the suit dismissed, Toybox, Inc., best argument is that
Anne does not have - correct answer ✔✔standing to sue



John is a resident of Iowa. While driving through California, he has an accident involving
Marisol, a California resident. Marisol files a lawsuit in a California state court. Over John, the
California court has - correct answer ✔✔in personam jurisdiction.

,Robert, who lives in Ohio, files a lawsuit against Trading Post, a Washington company, in an Ohio
state court. The Trading Post's only sales activity outside the state of Washington occurs via its
Web site. According to the sliding-scale standard, the Ohio court can always exercise personal
jurisdiction over out-of-state defendants based on Internet transactions if the court finds that
the defendant has - correct answer ✔✔conducted substantial business with Ohio residents
through its Web site.



In preparation for a trial between George and ABC Corporation, ABC's attorney places George
under oath and asks George questions that are recorded by a court reporter. This is known as -
correct answer ✔✔depostion



Marco files a lawsuit against Allied Company in an Oregon court with limited jurisdiction. The
difference between general and limited jurisdiction is based on - correct answer ✔✔. the
subject matter of the cases that the court can decide.



A trial between Shane and Verna results in a jury verdict in Shane's favor. After the jury renders
its verdict, Verna's attorney can file a motion - correct answer ✔✔for a new trial



Miller signed an employment contract containing an arbitration clause stating that "any
dispute" arising during employment must be resolved by binding arbitration. Two years later,
after she was injured on the job and took leave to recover, she was fired. She filed a complaint
for disability discrimination with the Equal Employment Opportunity Commission, which gave
her a "right to sue" letter. She then filed suit in federal court against her employer for disability
discrimination. The court - correct answer ✔✔dismissed the suit because of the arbitration
agreement.



Juan files a lawsuit against Liliana. Liliana responds to the complaint by filing an answer. After
the pleadings are closed, Juan can file - correct answer ✔✔a motion for judgment on the
pleadings

, Stan, a citizen of Iowa, files a lawsuit in an Iowa state trial court against Jalisco Farm Supply, a
Texas company that sells supplies in Iowa. The court has original jurisdiction because - correct
answer ✔✔the case is being heard for the first time.



Vinny decides to sue Allison. To begin the suit, Vinny must file a complaint. A complaint should
contain - correct answer ✔✔statement of the basis for the court's jurisdiction.



Charles loses his breach-of-contract case against Micheletta in a Georgia state trial court.
Charles appeals to the state court of appeals. Losing again, he files his next appeal with - correct
answer ✔✔the Georgia Supreme Court.



Britney files a lawsuit against Kevin and wants her case settled as quickly and with as little cost
as possible. Her best option is - correct answer ✔✔mediation



If the court in Montana wants to be able to hear the case against Wizard internet the court has
to have: - correct answer ✔✔Both jurisdiction over the Wizard internet & jurisdiction over the
subject matter of the lawsuit.



In the case, the plaintiffs may ask the Montana courts to use a long arm statute. A long arm
statute: - correct answer ✔✔can be invoked if someone has minimum contacts with a state

all of these are correct

is established using a sliding scale test if business is an internet business

can force someone to appear in a court in a state in which they do not live



Assuming that Caleb is correct about the amount of contact that Wizard Internet has had with
people in Montana, is it likely that the courts in Montana would have jurisdiction over Wizard? -
correct answer ✔✔Probably not, since the company has not reached out to anyone in
Montana.

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