Civil Procedure Keyed to Subrinback
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A college student from State A hit another car driven by a resident from State B when the college student was traveling through State B. The State B driver brought an action in State B state court against the State A college student, who has limited financial resources. The college student filed a motion to dismiss, claiming the State B court lacks personal jurisdiction.
What is the best argument to support the college student’s motion to dismiss?CorrectIncorrect
Saveright, Inc. is a manufacturing company that manufactures a brand of space heaters which claim to be very efficient and provide a measurable cost savings to customers. Saveright does not directly advertise in any state, but has an exclusive distribution deal with BigBox Stores, LLC, a nationally recognized chain of discount stores with more than a thousand stores spread across all fifty states in the country.
Tracy, a resident of State A, wants to file a product liability lawsuit against Saveright, Inc. after the space heater she bought caught fire and caused extensive damage to her house. Saveright is incorporated in State B, but its primary distribution warehouse is in State C. BigBox Stores, LLC is a limited liability company formed under the laws of State D.
In which federal district court should Tracy file her case?CorrectIncorrect
Two cars collided in State A. One driver, a citizen of Jordan, was in the United States for only two years to study. The second driver, a citizen of Spain, was a tourist in the United States for only one month. The Jordanian student filed a negligence action in a federal district court against the Spanish tourist seeking $100,000 for his injuries. The Spanish driver filed a motion to dismiss the action for lack of subject matter jurisdiction.
How should the court rule?CorrectIncorrect
If a Plaintiff sues a Defendant in the State of Franklin, what would not be a proper justification for venue in the Franklin Courts?CorrectIncorrect
A car buyer, a resident of South Carolina, wished to purchase a new car. After shopping both online and in person for the best price, the buyer decided to purchase a car from a dealer in Atlanta, Georgia. The buyer drove to the Atlanta dealership, signed a sales contract, paid for the car, and drove the car back home to South Carolina. Three months later, the buyer was in an accident in South Carolina while driving the new car. The other driver in the accident was a resident of Georgia who was just passing through South Carolina. The other driver filed a negligence action against the buyer in a court in Georgia.
Does the buyer have sufficient contacts with Georgia such that a Georgia court could exercise personal jurisdiction over the buyer for the negligence action?CorrectIncorrect
A hunter in Vermont visited a website created and operated by a hunting equipment company. The company is a Maine corporation, and its headquarters and all its facilities are in Maine. It sells its products in several stores in Maine and through its website. Its marketing efforts and most of its sales are in New England. Using the company’s website, the hunter ordered a hunting stand. The hunter paid for the stand and shipment to Vermont by providing his credit card information on the company’s website. After the stand arrived at the hunter’s home in Vermont, the hunter used the stand while on a hunting trip in Arkansas—a very popular hunting destination. The stand collapsed, causing severe injuries to the hunter.
The hunter filed a products liability action against the company in an Arkansas court. The company filed a motion to dismiss the action on the ground that the Arkansas court lacks personal jurisdiction over it. Although the company’s website is accessible in Arkansas,the company does not otherwise advertise there,and it does no business there. There is noevidence that the company has sold any productsin Arkansas.
Does the company have sufficient contacts with Arkansas such that an Arkansas court may exercise personal jurisdiction over it?CorrectIncorrect