Question
Mike, an 80-year-old resident of North Dakota, has long wanted to experience driving in New York City during rush hour. He realizes his goal, but
Mike, an 80-year-old resident of North Dakota, has long wanted to experience driving in New York City during rush hour. He realizes his goal, but gets into an accident with a taxi driver who has never been outside of New York City. The accident causes $24,000 in damage to Mike's Porsche Boxster. Mike wants to sue the taxi driver. Where can Mike file his lawsuit?
Group of answer choices
In state or federal court in either North Dakota or New York.
In state or federal court in New York only.
Only in state court in New York.
Only in federal court in New York.
In federal court in either New York or New Jersey.
The Double Diamond Dude Ranch is located in Montana and maintains a Web site on the Internet. Before the Internet, the ranch had relied exclusively on word-of-mouth advertising. The Web site simply provides some general information and lists the ranch's phone number for reservations, but reservations cannot be made online. The ranch has no other connections or presence outside of Montana. Bob lives in Ohio and learned of the ranch through its Web site. Bob then spent a week as a paying guest at the ranch, but was injured when he fell off a horse. Can Bob sue the dude ranch in an Ohio state court?
Group of answer choices
No, because the minimum contacts standard simply cannot be met based on Internet activity.
Yes, because Bob noticed the advertisement when he was in Ohio.
Yes, assuming that other Ohio residents had visited the ranch before Bob's visit.
No, because cases involving residents of two different states must be filed in federal, not state, court.
No, because the mere ability of an Ohio resident to view the ranch's Internet advertising does not amount to the minimum contacts necessary for personal jurisdiction over the ranch in Ohio.
Which of the following is not a main function of the U.S. Constitution?
Group of answer choices
to protect individual rights
to allocate powers to the three branches of government
to create additional branches of government as Congress sees fit
to limit the government's ability to restrict individual rights
to create the three branches of government
Under the Supremacy Clause of the U.S. Constitution, when Congress chooses to regulate in an area, which of the following is true?
Group of answer choices
Whether the state has any authority to regulate in the area will depend on whether Congress provides that the federal government has exclusive authority to regulate in that area.
States will always be able to regulate in that area so long as the state law does not directly and substantially conflict with the federal law.
States will always remain able to freely regulate in that area.
The state will be able to regulate in that area only with prior permission of the U.S. Supreme Court.
It will automatically have exclusive jurisdiction to regulate in that area.
Which of the following would take precedence over a state constitution under the Supremacy Clause of the U.S. Constitution?
Group of answer choices
the U.S. Constitution and federal statutes
the U.S. Constitution, federal statutes, and federal regulations
the U.S. Constitution and treaties with foreign nations
the U.S. Constitution, federal statutes, federal regulations, and treaties with foreign nations
the U.S. Constitution only
General jurisdiction trial courts can be found in every state.
Group of answer choices
True
False
An intermediate appellate court does not allow the introduction of new testimony or evidence.
Group of answer choices
True
False
General jurisdiction trial courts hear evidence and testimony.
Group of answer choices
True
False
Decisions of state supreme courts can always be appealed to the U.S. Supreme Court.
Group of answer choices
True
False
The United States District Court is the general jurisdiction trial court in the federal system.
Group of answer choices
True
False
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