Answer questions 11-12 regarding the following scenario:

Scenario: Jones, a resident of Arizona, booked reservations for a vacation at Windell Hotels, Inc. in Cabo Mar, Mexico. Windell Hotels is an international hotel chain incorporated in Delaware with hotels in North and South America; Windell Hotels has no hotels in Arizona but does advertise and book reservations for all its hotels over the internet.

While a guest in the hotel in Cabo Mar, Jones was walking across the hotel lobby, and slipped and fell on the wet marble floor that had been just washed by the maintenance staff. The staff had placed a wet floor sign on the lobby floor on the side wall of the lobby.

Jones was taken to the nearest Mexican hospital where surgery was necessary to place a pin in his broken leg. Anxious to return home and see his regular doctor, Jones flew out of Mexico shortly after the surgery. He required two plane seats and an ambulance to meet him at various airports. His health insurance would not cover his hospital stay in Mexico as it was located outside the U.S. When back in Arizona, Jones was unable to work for 8 weeks and required another surgery to remove the pin. He also required several weeks of physical therapy.

11. Jones wants to sue Windell Hotels, Inc. in federal court for $450,000 to recover all his medical expenses in Mexico and the US; for $50,000 for the cost of the plane trip from Mexico to Arizona, the 2 plane seats and ambulance costs in various airports; $10,000 for 8 weeks of lost wages; and $50,000 for pain and suffering resulting from the injury. Can he sue in federal court?

1. Yes, because Federal Court always has jurisdiction over citizens of different states.
2. No, because Federal Court does not have jurisdiction in cases that do not involve federal laws.
3. Yes, because the Federal Court may have jurisdiction over parties who are citizens of different states and the lawsuit involves damages greater than $75,000.
4. No, because the Federal Court has no jurisdiction over an accident that occurred in Mexico.

12. It would be easier for Jones to bring the lawsuit in Arizona state court, but he wonders if the court can get Windell Hotels to come to Arizona. Can the Arizona state court impose jurisdiction over Windell Hotels to bring the company to court in Arizona?

1. No, because the subject of the lawsuit took place in a foreign country.
2. No, because the corporation does not have sufficient minimum contact with Arizona to allow the Arizona court to use the long arm statute to establish jurisdiction in Arizona.
3. Yes, because the Jones is a resident of Arizona and he is the plaintiff in the lawsuit.
4. Yes, because Windell Hotels has sufficient minimum contact with Arizona the state to justify the courts use of the long arm statute.
   1. Complaint

13) In order to use the defense of assumption of risk, the defendant has to prove that the plaintiff ________.

A) assumed there was no risk involved and entered into the activity that injured him or her

B) was injured after the defendant's liability for the risk ended

C) was injured in an activity that had no risk of any manner

D) had knowledge of the specific risk and voluntarily presumed the risk

14) Which of the following is not a form of ADR:

a) Mediation

b) Min-Trial

c) Trial

d) Negotiation

15) Interrogatories and Depositions are part of :

1. Discovery
2. Trial
3. Cross-Claim

16) A patent protects a

a) An invention

b) The author of a book

c) The Design of a bottle

d) A musical composition

17) A copyright is issued when:

1. It is registered with the Federal US Copyright Office
2. It is registered with the State in which the work is written
3. As soon as it is in tangible form
4. None of the above

18) Diane bought an action figure for her son David from Terrence's Toy Shop. The packaging did not mention that the toy contained small detachable parts. David accidentally swallowed and choked on one of the detachable parts and had to be taken to the hospital. On which of the following product liability charges can Diane sue Terrence's Toy Shop for damages?

A) negligence

B) deceit

C) fraud

D) disparagement

19. What is meant by "causation in fact"?

A) a defendant's counter-lawsuit against malicious prosecution

B) a defendant's negligent act led to the plaintiff's injuries

C) a defendant's defense against a case of negligence

D) a defendant's plea of guilt due to negligence

20) Crimes are classified as:

1. Felonies
2. Misdemeanors
3. Violations
4. All of the Above

21) I decide that I no longer wish to share the profits of my business with my partner. I sit and plan to kill him. The most serious crime I can be charged with is:

1. Murder
2. Manslaughter
3. Battery
4. Assault

22) The parties to a criminal prosecution include:

1. The person who is charged with committing the crime
2. A witness to the crime
3. The person who is injured by the criminal act
4. The federal, state, or local government bringing the action
5. A&B
6. A&D
7. A, B, & C

23) If I am protesting the actions of the government and as part of my protest, I burn the American Flag, this is an example of:

1. Treason
2. Commercial Free Speech
3. Political Free Speech
4. Unprotected Speech

24) Fraud must contain the following elements:

1. A material fact was misrepresented
2. There was actual damages suffered
3. The person making the misrepresentation knew it to be false
4. A & C only
5. B & C only
6. A, B, & C

25) The elements required to be proven in order to win a negligence case are:

1. Duty, breach of duty, actual & proximate cause, and harm
2. Duty ,intent to cause harm, and injury
3. Duty, injury, and comparative negligence
4. Duty, harm, breach of duty, and assumption of the risk

Put letter only of correct answer by each number in CAPS.