Need help with legal aspects of law
19. If Clodhopper proceeded with her lawsuit against Shady Cruises in Florida, her attorney would explain that she must prove her case by a preponderance of the evidence. This means Clodhopper must A. bring more evidence to the trial than Shady Cruises brings to trial B. demonstrate that it is indisputable that her claim is true C. demonstrate that Shady Cruises' defenses are not true D. demonstrate that it is more likely than not that her claim is true 20. If Clodhopper resided in the Bahamas, her injury occurred in the Bahamas, and there were no forum selection or choice of law clauses in her ticket, a Florida court considering her lawsuit against Shady Cruises might invoke the doctrine of forum non convenient which is defined as A. an abstention doctrine which permits the Florida court to decline to exercise jurisdiction B. an abstention doctrine which requires a court to conclude that it does not have jurisdiction C. the appropriate geographical location of a court possessing jurisdiction D. an abstention doctrine which permits a court to conclude that it does not have jurisdiction 21. Quickie Heat Inc., a New York corporation, manufactured heating coils used in toasters manufactured by Perfect Appliances, Inc. at its New Jersey factory. Cal Curious, a three-year-old resident of Flatland, Kansas, suffered serious burns when he placed his hand in a toaster manufactured by Perfect and containing coils manufactured by Quickie. Quickie has no offices or employees in Kansas and does not advertise its products for sale in Kansas. In a lawsuit against Quickie filed in Kansas, the court will most likely A. allow the case to proceed as Quickie has minimum contacts with Kansas B. dismiss the case as Kansas is not a convenient location for the lawsuit allow the case to proceed as Quickie's coils were present in Kansas D. dismiss the case as merely placing a product in the stream of commerce does not constitute minimum contacts with Kansas 22. Would your answer to Question 21 be different if Quickie had a website at which customers could order products directly from the company? A. Yes, because a transactional website subjects Quickie to personal jurisdiction B. No, because a website allowing for the solicitation of orders is passive and an insufficient basis for the exercise of personal jurisdiction C. Yes, because the maintenance of any type of website subjects a company to personal jurisdiction wherever it is accessible D. No, because the maintenance of any type of website is insufficient to subject a company to personal jurisdiction wherever it is accessible 23. Would your answer to Question 21 be different if Quickie had a website at which customers could view products but had to call Quickie on the telephone to place an order? A. Yes, because a transactional website subjects Quickie to personal jurisdiction B. No, because a website allowing for the solicitation of orders is interactive and an insufficient basis for the exercise of personal jurisdiction C. Yes, because the maintenance of any type of website subjects a company to personal jurisdiction wherever it is accessible D. No, because the maintenance of any type of website is insufficient to subject a company to personal jurisdiction wherever it is accessible
