Question
In a contract there is a section that reads that All claims made in furtherance of this contract shall be pursued exclusively in a state
In a contract there is a section that reads that "All claims made in furtherance of this contract shall be pursued exclusively in a state or a federal court located in Escambia County, Florida."This is an example of __________________
- a forum selection clause.
- a motion for removal.
- a fact finder.
- a statement of concurrent jurisdiction.
- a case of limited jurisdiction.
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State courts can establish in personam jurisdiction over out-of-state defendants by ___________
- establishing that plaintiff engaged in business with defendant's home state.
- showing that property in dispute is located within the state.
- showing that the amount in controversy exceeds $75,000.
- applying a long-arm statute.
- proving that federal due process is being violated.
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Forum selection clauses can address questions of __________________
- residence and citizenship.
- jurisdiction and venue.
- concurrence and removal.
- disclaimer and declaration.
- demurrer and verdict.
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Federal diversity jurisdiction requires a case to be between citizens of different states, and __________________
- the case to arise under the Constitution, laws, or treaties of the United States.
- concurrent jurisdiction with an appropriate state court.
- the amount in controversy to exceed $75,000.
- the amount in controversy to be under $5,000
- any property in dispute to be located within district boundaries.
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State trial courts generally differ from state courts of limited jurisdiction in that __________________
- one has original jurisdiction, while the other has appellate jurisdiction.
- trial courts are limited by greater subject-matter restrictions.
- decisions in courts of limited jurisdiction are always made by a jury.
- trial courts have greater limits on civil damages and criminal penalties.
- trial courts are courts of record that keep detailed records of hearings, trials, and other proceedings.
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One way in which state trial courts differ from courts of limited jurisdiction is that __________________
- they are not governed by the same subject-matter restrictions.
- trial courts have greater limits on civil damages and criminal penalties.
- only courts of limited jurisdiction keep detailed records of hearings, trials, and other proceedings.
- one has original jurisdiction, while the other has appellate jurisdiction.
- decisions in courts of limited jurisdiction are always made by a jury.
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In personam jurisdiction is based on ____________________
- the residence, location, or activities of the defendant.
- the presence of property within the forum state.
- venue.
- the citizenship of both parties.
- the type of dispute involved in the case.
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If a person who lives in one state does business within another state, contracts to supply goods or services within another state, or commits a tort (a civil wrong) in another state, that person may become subject to the jurisdiction of the other state's courts through __________________
- a property dispute within the state.
- proof of a due process violation.
- application of a long-arm statute.
- the amount in controversy requirement.
- plaintiff's motion for removal.
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When both state and federal courts have jurisdiction over a case, ___________________ exists.
- venue
- a federal question jurisdiction
- a forum selection clause
- diversity jurisdiction
- concurrent jurisdiction
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The two most important bases of federal court jurisdiction are ______________
- in personam jurisdiction and in rem jurisdiction.
- in personam and federal question jurisdiction.
- in personam and federal question jurisdiction.
- federal question and diversity jurisdiction.
- federal question and in rem jurisdiction.
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One way in which state trial courts differ from courts of limited jurisdiction is that __________________
- trial courts are limited by greater subject-matter restrictions.
- decisions in courts of limited jurisdiction are always made by a jury.
- only courts of limited jurisdiction keep detailed records of hearings, trials, and other proceedings.
- they are not governed by the same limits on civil damages or criminal penalties.
- one has original jurisdiction, while the other has appellate jurisdiction.
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Venue normally determines _______________________
- the amount in controversy.
- terms of service.
- the power of the court to hear the case.
- the county in which a case is brought.
- title to land.
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Contract clauses stating that disputes between the parties must be litigated in the courts of a particular state are known as __________________
- venue requirements.
- clauses of limited jurisdiction.
- forum selection clauses.
- statements of concurrent jurisdiction.
- motions for removal.
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