BULE 303 GMU Exam 2 questions and
answers graded A+
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 ✔✔all of these are correct, can force someone to appear in a court in
a state in which they do not live, is established using a sliding scale test if business is an internet
business, can be invoked if someone has minimum contacts with a state
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.
Assume that the plaintiff is the customer from Texas and that customer moved to Montana,
would Montana have jurisdiction - correct answer ✔✔Probably not, since the company itself
did not reach out to Montana.
Assume that the lawsuit was for $100,000 and the state of Texas had personal jurisdiction over
all of the parties and proper subject matter jurisdiction. Which of the following is true? - correct
answer ✔✔The case could be heard in either a federal court in Texas or a state court in Texas.
If Caleb is correct that the contract had an arbitration clause, and the clause was valid, which of
the following is true? - correct answer ✔✔Arbitration involves a neutral third party or a panel of
experts to hear the dispute and impose a binding resolution on the parties.
, 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.
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.
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.
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.
Vinny decides to sue Allison. To begin the suit, Vinny must file a complaint. - correct answer
✔✔A complaint should contain a statement of the basis for the court's jurisdiction.
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.
answers graded A+
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 ✔✔all of these are correct, can force someone to appear in a court in
a state in which they do not live, is established using a sliding scale test if business is an internet
business, can be invoked if someone has minimum contacts with a state
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.
Assume that the plaintiff is the customer from Texas and that customer moved to Montana,
would Montana have jurisdiction - correct answer ✔✔Probably not, since the company itself
did not reach out to Montana.
Assume that the lawsuit was for $100,000 and the state of Texas had personal jurisdiction over
all of the parties and proper subject matter jurisdiction. Which of the following is true? - correct
answer ✔✔The case could be heard in either a federal court in Texas or a state court in Texas.
If Caleb is correct that the contract had an arbitration clause, and the clause was valid, which of
the following is true? - correct answer ✔✔Arbitration involves a neutral third party or a panel of
experts to hear the dispute and impose a binding resolution on the parties.
, 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.
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.
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.
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.
Vinny decides to sue Allison. To begin the suit, Vinny must file a complaint. - correct answer
✔✔A complaint should contain a statement of the basis for the court's jurisdiction.
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.
