CL670 Module 10 Module Quiz

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Santiago Canyon College *

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CL670

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Law

Date

Apr 3, 2024

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pdf

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11

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Module 10 Module Quiz - CL670 Civil Procedure I 1/11 Question 1 5 / 5 points P filed a lawsuit against D in a Federal court in State Red. D, a State Red citizen, was served with notice of the lawsuit while D was visiting his mother in State Green. A State Red statute permitted the service of process in other states by personal service if a citizen defendant party was absent from the state while being served with notice of the action. D returned to State Red and appeared in the federal court in State Red court to challenge personal jurisdiction. The court should rule that it: Hide question 1 feedback Question 2 5 / 5 points D, a California resident, was recently hired as a personal computer sales agent for Compuco. Compuco was a world-wide manufacturer and retailer of personal computers with offices and sales in every state in the United States. D was also a golf enthusiast who enjoyed playing on different courses around the United States. While attending a Compuco company-wide sales convention in Orlando, Florida, D (who had a) Does have jurisdiction over D to hear the case because D is a State Red citizen. b) Does have jurisdiction over D because D appeared in court to challenge jurisdiction and by so doing has consented to personal jurisdiction in the State Red federal court. c) Does not have jurisdiction over D because D was not residing in State Red at the time of service. d) Does not have jurisdiction over D because D was not served in State Red. Answer “a” is correct because the ability of a state to exercise personal jurisdiction over one of its citizens is not limited simply because that citizen is temporarily absent from the state. As long as the defendant is given proper notice of the action (here, D was personally served), a state may exercise jurisdiction over any citizen of the state, regardless where the citizen is located when served. As a result, answer c is incorrect (and because being temporarily out of the state does not impact one’s state of residence). Answer b is incorrect as federal courts allow appearances to contest jurisdiction without consenting to the jurisdiction of the court. Answer d is incorrect because a defendant can be personally served virtually anywhere, it does not have to be in the state where the lawsuit is filed.
Module 10 Module Quiz - CL670 Civil Procedure I 2/11 never before been to Florida) decided to leave the convention one afternoon to play a round of golf on a nearby course. While playing golf, D had a conversation with P, a local Orlando resident. When P asked D what he did for a living, D (feeling guilty about leaving the convention early) reluctantly told P he sold computers for Compuco. P then told D that he was interested in purchasing a Compuco Model 500 computer. Sometime during the afternoon, P asked for D's business card and told D that on his next trip to California, he would come to D's Los Angeles office to see a Model 500 computer from Compuco. D told P that "you should visit the local Compuco retailer," but gave P one of D's business cards as requested. The next day, D flew home to California. A week later, P also flew to California to visit an apartment building P owned in Los Angeles. While in Los Angeles, P went to the Compuco retail center in Los Angeles where D worked and purchased a Compuco Model 500 computer from D. When P returned to Florida and attempted to use the computer, he found that it would not operate properly. P was very upset because D had assured him when he picked up the computer in Los Angeles that the Compuco 500 was very "user friendly" and that P would have no difficulty learning to operate the computer. P brought suit in a Florida federal court against D to recover damages. Assuming that P personally served D with notice of the action in accordance with the Florida state long-arm statute, will D be subject to personal jurisdiction in Florida? Hide question 2 feedback a) Yes, because the events that led to the sale of the computer took place in Florida and thus D has purposefully availed himself of the benefits and protections of state laws sufficient to invoke minimum contacts. b) Yes, because Compuco has offices in Florida and D was an employee of Compuco. c) No, because D did not solicit business or initiate the conversation with P for the purpose of selling a computer such that he has not purposefully availed himself of the benefits and protections of Florida law. d) No, because the computer was purchased in California. Answer “c” is correct. The isolated and casual contacts of D with the forum state (Florida) are not sufficient to satisfy minimum contacts here. To exercise jurisdiction over a non-resident defendant, there must be a finding that the defendant has either systematic and continuous contacts with the forum state or that the defendant has purposefully availed himself or otherwise had reasonable grounds to foresee being
Module 10 Module Quiz - CL670 Civil Procedure I 3/11 Question 3 0 / 5 points D is employed as a regional sales representative for WidgetCo, a nationwide supplier of widgets. D's sales territory includes the states of New York, New Jersey, and Pennsylvania. D resides in New Jersey. While driving in his company car from a sales account in Pennsylvania back to his home in New Jersey, D collided with an automobile driven by P, an Ohio resident who was returning home from visiting relatives in Pennsylvania. The accident occurred in Pennsylvania. P returned home to Ohio and promptly brought suit in an Ohio state court against D for injuries P sustained in the automobile accident. Does the court have personal jurisdiction over D? Hide question 3 feedback haled into court in the forum state. Here, D had no systematic and continuous contacts with Florida since this was his first and only trip to the state. In addition, D did not initiate the conversation nor did he attempt to sell a computer to P. In fact, he recommended that P visit the local Compuco outlet in Florida. Thus, it is most likely that a court would find that D has not purposefully availed himself of the benefits and protections of Florida law nor did he have reason to foresee that his one conversation with a Florida resident would subject him to a lawsuit in Florida. As a result, answers a and b are incorrect. Having offices in a state is not sufficient to create general jurisdiction Answer “d” is incorrect because the purchase in California does not mean that the courts of Florida would not have jurisdiction. If there were sufficient contacts with Florida, jurisdiction could exist even though the computer was sold in California. a) Yes, if the accident occurred while D was acting as an employee for WidgetCo, a nationwide supplier of widgets that has systematic and continuous contacts with the forum state. b) Yes, because P was a resident of Ohio. c) No, because while P has sufficient minimum contacts with the forum state, D has none. d) No, unless the state of Ohio had a long-arm statute which authorizes the exercise of jurisdiction over non-residents. Answer “c” is correct because personal jurisdiction over a non-resident defendant (absent consent or personal presence in the state to receive service of process — not present here), is not proper unless sufficient minimum contacts exist between the defendant and the forum state. Here, the forum state is Ohio and there are no facts to
Module 10 Module Quiz - CL670 Civil Procedure I 4/11 Question 4 0 / 5 points Pilot was flying his single-engine plane from his home in State X to visit a relative in State Z. While flying over State Y, Pilot noticed that his engine was not functioning properly. Pilot began searching for a place to make a forced landing in case the engine problem could not be solved. It was late at night, but Pilot spotted a highway that appeared to be free of any traffic. Pilot managed to bring the plane down on the highway, but in so doing, the plane struck an automobile driven by Dan (a State Z resident). Dan had been driving without using his headlights in violation of a State Y statute. When struck by the plane, Dan lost control of his car and hit a tree. Victor, a passenger in Dan's car, was injured in the accident. Victor brought an action in a State Y federal court to recover for his personal injuries against both Pilot and Dan. Dan appeared to contest personal jurisdiction. The court should rule that it: Hide question 4 feedback suggest that D had any contacts whatsoever with the state of Ohio sufficient to justify a finding of minimum contacts. Answers a and b are incorrect because personal jurisdiction cannot rest on the whether the plaintiff or the defendant's employer (this was a lawsuit against D, not against D's employer) has contacts with the forum state. The personal jurisdiction rules are intended to protect the defendant from facing a lawsuit in a state where he/she has no contacts. The fact that P resided in Ohio is irrelevant. Answer d is incorrect because both minimum contacts and a long-arm statute are required for a state to exercise jurisdiction over a non-resident. The mere fact that Ohio had a long-arm statute would not be sufficient absent an additional finding that Ohio had sufficient minimum contacts with D. a) Does have personal jurisdiction over Dan if State Y has a long-arm statute which permits the exercise of jurisdiction over non-resident motorists who injure State Y residents in State Y while operating a motor vehicle. b) Does have personal jurisdiction over Dan because he appeared to contest the action and thus consented to the exercise of jurisdiction over him. c) Does not have personal jurisdiction over Dan because his appearance was solely for the purpose of contesting jurisdiction and State Y has insufficient minimum contacts to justify the exercise of jurisdiction over Dan. d) Does not have personal jurisdiction over Dan because the accident was caused by Pilot and not Dan.
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