Question
Can you please help me with this assignment . I do not understand any of it . Thank you Questions 1-4 are true and false
Can you please help me with this assignment . I do not understand any of it . Thank you
Questions 1-4 are true and false and I am unsure of the right answer . my answers are True for 1-4 is that correct?
1. Under our legal system, jurisdiction over the defendant's person rests on three factors: (1) the person's domicile or residence in the place where sued; or (2) proper service of a summons on the person in the place where sued; or (3) the person's consent to the suit.
2. The Supreme Court does not have original subject matter jurisdiction in any action.
3. Jurisdiction is the power or authority of a court to determine the merits of a dispute and to grant relief.
4. A party wishing to have a case reviewed by the U.S. Supreme Court usually petitions the court fro a writ of certiorari, as required by statute.
Question 5-9 are multiple choice and also unsure of the right answer . My choices are
5.d
6.c
7.d
8.d
9.e
5. Which of the following is a true statement?
a. The federal courts have EXCLUSIVEjurisdiction over all civil actions where the amount exceeds the jurisdictional amount and the parties are citizens of different states.
b. Any citizen of the United States has an inalienable right to have a case heard by the U.S. Supreme Court.
c. Both of the above
d. Neither of the above
6. Except in matters governed by the federal Constitution or by acts of Congress, the law to be applied in any case is the law of the state. Ans whether the law of the state shall be declared by its legislature in a statute or by its highest court in a decision is not a matter of federal concern. This rule to be applied by the federal court system is found in
a. the federal Constitution.
b. Swift v. Tyson.
c. Erie Railroad v. Tompkins.
d. the Uniform Commercial Code.
e. the statute of frauds.
7. Johnny Carson, a television personality, filed suit against the defendant, Travel Unlimited, Inc. for promoting the "Nebraskan Johnny Carson's Tour of Las Vegas" without obtaining permission to use his name. The cause of action involved privacy rights under state law. Mr Carson is a resident of California and Travel Unlimited has its principle place of business in Nebraska and is incorporated in New Jersey. Mr. Carson's complaint alleges damages in excess of $75,000. Which courts would have jurisdiction?
a. Only a federal court in Nebraska or California because the plaintiff and defendant live in different states
b. Only a state court in Nebraska because the suit involves a question of Nebraska law
c. Only a state court in either Nebraska or California because no federal law is involved, only rights under state law
d. Either a state or federal court in the state (s) which would have personal jurisdiction over the defendant
8. If instead, Travel Unlimited had its principle place of business in Nebraska and was incorporated in California, which courts would have jurisdiction?
a. Only a federal court in Nebraska
b. Either a state or federal court
c. Only a federal court in California because both parties are residents of California.
d. Only a state court that has personal jurisdiction over the defendant
9. A court can exercise PERSONALjurisdiction over a corporation if the court is located in
a. the state in which the corporation was incorporated .
b. the state where the corporation has its main plant.
c. a state in which the corporation is doing business.
d. a and b only
e. All of the above
10. Essay for the essay I chose Kentucky . Is that correct?
Bill, a resident of Ohio, stays with friends in Tennessee for the summer months. In early June on the way to Tennessee, he had an automobile accident in Kentucky with Mary Lynn, a Kentucky resident. Mary Lynn wants to bring a suit against Bill for $5,000 immediately, even before Bill leaves his friends in Tennessee. Which state or federal courts would have jurisdiction under these circumstances? Explain your answer.
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