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Yoshi, a Japanese citizen working in Atlanta for his Tokyo firm, decided to rent an airplane and fly himself to the Annual Catfish and Zydeco

Yoshi, a Japanese citizen working in Atlanta for his Tokyo firm, decided to rent an airplane and fly himself to the Annual Catfish and Zydeco festival in Thibodaux, Louisiana. He rented a small plane to fly there. Over Alabama, thunderstorms formed. Because Yoshi was not trained to fly by instruments, he decided to land at the next airport.

As he searched for a runway, Yoshi heard a loud clank followed by silence as the engine died. He tried to land in a field but crashed. While recovering in a rehabilitation center in California, Yoshi filed suit there against the Atlanta Airport and the owners of the airplane, alleging that they were negligent in their maintenance.

Please answer questions 22 through 34 with reference to the facts above.

Question 22

If Yoshi wants to obtain jurisdiction over the owner of the airplane he may:

Group of answer choices

serve the owner with a summons while the owner is in a Delta jet flying over California on his way to Hawaii

serve the owner with a summons while the owner is on a business trip to Oregon

not serve the owner because he is a Georgia resident

serve the owner with a summons while the owner is bar hopping in Los Angeles

send California police to Atlanta to serve the summons

Question 23

For a California court to have jurisdiction to hear this case it must have jurisdiction over the:

Group of answer choices

person or property of the airplane owner

none of the other choices are correct

the law relating to the matter

all of the specific choices are correct

subject matter of the case

Question 24

Yoshi sues defendants $5 million. The defendants may ask the California court to use its:

Group of answer choices

removal powers to move the suit to a Georgia state court

original jurisdiction to move the suit to a federal court

concurrent jurisdiction to move the suit to federal court

its removal powers to move the suit to a federal court

none of the other choices; the case must be in California state court if Yoshi insists

Question 25

The Atlanta airport is a corporation. California has a long-arm statute. How might Yoshi use the statute to exercise jurisdiction over the airport?

Group of answer choices

if the airport has its headquarters in Georgia, Yoshi may use the California statute to gain jurisdiction

Yoshi may not take advantage of the California statute because the accident occurred in Alabama

if the airport is incorporated in Georgia, Yoshi may use the California statute to gain jurisdiction

if the airport does all of its business in Georgia, Yoshi may use the California statute to gain jurisdiction

if the airport does business in, or has minimum contacts with California, Yoshi may use the California statute to gain jurisdiction

Question 26

Suppose Yoshi can exercise jurisdiction over the defendants in court in California. They fail to appear to defend themselves and Yoshi wins a default judgment for $5 million which defendants do not pay. Yoshi discovers that the owner of the airplane also owns a Lear jet, which is in San Diego. If Yoshi has the court seize the jet in satisfaction of the judgment, Yoshi has obtained what type of jurisdiction?

Group of answer choices

lex loci jurisdiction

in personam jurisdiction

in rem jurisdiction

de novo jurisdiction

quasi in rem jurisdiction

Question 27

Yoshi may obtain personal jurisdiction over the Atlanta Airport by having the court seize a bank account the airport holds in California.

Group of answer choices

True

False

Question 28

Only Yoshi has the ability to remove the case he brought in a California state court to a federal court.

Group of answer choices

True

False

Question 29

A court in which Yoshi’s case may be brought and tried to a conclusion is said to have original jurisdiction over the case.

Group of answer choices

True

False

Question 30

If Yoshi wants to sue the Atlanta Airport in California he will most likely have to use a long-leg statute to obtain personal jurisdiction.

Group of answer choices

True

False

Question 31

Because of the size of his alleged damages and the nature of the case, Yoshi could, if he wished, sue the defendants in small claims court.

Group of answer choices

True

False

Question 32

If Yoshi’s case were removed to federal court, the federal court would have to apply conflict-of-law rules to determine what law to apply to the dispute.

Group of answer choices

True

False

Question 33

If Yoshi’s case was tried in federal court in California, and the substantive issue of law involved was liability for the injuries arising from Yoshi’s crash, the court would apply the common law of California.

Group of answer choices

True

False

Question 34

If Yoshi’s case was tried in federal court in California and the issue of substantive law was whether or not a contract existed between Yoshi and the airplane owner, the court would apply the law of Georgia.

Group of answer choices

True

False


 

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