11. Sludge Inc., an Alabama corporation has a web site in Alabama in which it advertises its wares. The web site is accessible in every state. Can a Mississippi company that believes Sludge has infringed upon its trademark successfully establish a basis for personal jurisdiction if suit is brought in a federal court in Mississippi?

a. Yes, because there is diversity of citizenship.

b. Yes, because the web site is accessible in every state.

c. Yes, because venue would be appropriate where economic injury occurred.

d. Maybe, if Sludge actively solicits Mississippi business on its web site, encouraged customers to interact via email, promotes its toll free number within Mississippi, receives significant numbers of communications from Mississippi, and generates substantial revenue from Mississippi customers.

12. Assume that Sludge has generated several thousand email messages to Mississippi as well as 500 contacts, and 10 percent of its sales are from Mississippi sources. Which of the following would permit a Mississippi court to exercise jurisdiction over the dispute?

a. A court's removal jurisdiction

b. In rem jurisdiction

c. The Erie Doctrine

d. A long-arm statute

13. Mr. And Mrs. Woodson instituted product liability actions in an Oklahoma state court to recover for personal injuries sustained in Oklahoma in an accident involving a car that they bought in New York while they were New York residents. The Woodsons were driving the car through Oklahoma at the time of the accident. The defendants were the car retailer and its wholesaler, both New York corporations, who did no business in Oklahoma. The defendants entered a special appearance, claiming that the Oklahoma state court did not have personal jurisdiction. What would be the principle issue in this case?

a. Whether or not the amount in controversy exceeded $75,000

b. Whether or not the Woodson's were now residents of Oklahoma

c. Whether or not the defendants had enough minimum contacts with Oklahoma to justify the state exercising jurisdiction

d. Whether or not the plaintiffs had enough minimum contacts with Oklahoma to justify the state exercising jurisdiction

14. Miller sold a gas cook stove to Nelson at Miller's place of business in Wisconsin. Miller sent one of his employees to deliver the stove to Nelson's home in Illinois. At the request of the employee, Nelson assisted in unloading the stove from the truck. In the course of this operation, the employee negligently pushed the stove so that it severed one finger on Nelson's right hand and injured another. Nelson sued Miller for $500,000 in damages. Which of the following courts could not exercise jurisdiction?

a. An Illinois state court

b. An Illinois federal court

c. A Wisconsin state court

d. A Wisconsin federal court

e. All of the above courts could exercise jurisdiction in the case.

15. Which of the following is not contained in the complaint?

a. Basis for the court's jurisdiction

b. Facts, which give rise to grounds for relief in law.

c. Prayer for relief

d. Admissions and denials

16. Don went bear hunting in the U.P. in his 350 Ford pick-up truck with his loaded shotgun resting on the gun rack in his back window. Suddenly, he hit a bump and the gun discharged, blowing a hole right through the pickup. Don now suffers with a constant ringing in his ears as a result of the gun firing. Don decided to sue the manufacturer of the gun for alleged personal injury. What document should Don file with the court in order to initiate the proceeding and to set forth his cause of action and the grounds for the jurisdiction of the court?

a. The complaint

b. The demurrer

c. The summons

d. The brief

17. In what document should the gun manufacturer respond to Don's allegations by admitting some of Don's factual claims, denying others, and possibly establishing a defense of contributory negligence, that is, alleging that Don was the primary cause of his injuries for negligently transporting a weapon?

a. The response

b. The answer

c. The reply

d. The demurrer

18. How could Don and his attorney obtain internal company documents concerning accidental discharge problems that had previously occurred with this particular weapon?

a. Issue a peremptory challenge

b. Move for a J.N.O.V.

c. Make a request through the discovery process

d. None of the above. The information is privileged.

19. At the trial, Don calls his witnesses, offers evidence, and otherwise presents his side of the case. Don then rests his case. The gun manufacturer could immediately begin its case or

a. make a motion to dismiss for failure to state a claim.

b. make a motion for summary judgment.

c. make a motion for a J.N.O.V.

d. make a motion for a directed verdict.

20. Don wins a jury verdict in state court for five million dollars. The judge believes the verdict of five million dollars ($700,000 compensatory and $4.3 million in punitive) is against the weight of the evidence and clearly excessive. What should he do?

a. Grant plaintiff's motion for a directed verdict

b. Order a remittitur

c. Order an additur

d. Nothing. The judge has no power to set aside a damage award, only verdicts that are against the greater weight of evidence.