Civil Procedure

Fall 2011

Prof. Brill	Quiz # 1

Evaluate the following five fact patterns, the question, the answer, and the rationale:

Fact Pattern #1: Pennsylvania driver hits a Massachusetts pedestrian in Massachusetts. The pedestrian sues in Massachusetts. Does Massachusetts have in personam jurisdiction over the Pennsylvania driver? Yes, under the concept of general jurisdiction.

Fact Pattern #2: Maine citizen signs contract with an Illinois corporation, and sends money to Illinois. Illinois corporation has only issued one contract in Maine. Maine citizen sues over contract dispute. Does Maine has jurisdiction over the Illinois corporation? Yes, under the concept of specific jurisdiction.

Fact Pattern #3: California resident sues Florida author for defamation in California. The Florida author's column appears in 500,000 newspapers in California. Does California have jurisdiction over the Florida author? No, because a lawsuit would create an impermissible burden on free speech under the First Amendment.

Fact pattern #4: Ohio citizen signs a contract with a Florida corporation and opens a fast food restaurant under a franchise agreement. The contact is 20 years in duration and requires the Ohio citizen to send monthly payments to Florida; the Ohio citizen has come to Florida to be trained in the restaurant business. When the Ohio citizen fails to make the payments, the Florida corporation sues in Florida. Does Florida have jurisdiction over the Ohio citizen? Yes, under the concept of ancillary jurisdiction.

Fact Pattern #5: Michigan corporation is engaged in extensive activity in Texas. Texas citizen is traveling in Oklahoma and is injured by truck of Michigan corporation. Texas citizen sues in Texas. Does the Texas court have in personam jurisdiction over the Michigan corporation? Yes, under the concept of general jurisdiction.

Which of the five fact patterns have correct answers?

A)	All five have correct answers.

B)	None of the five have correct answers.

C)	Only 1 and 3 have correct answers.

D)	Only 1 and 4 have correct answers.

E)	Only 2 and 4 have correct answers.

F)	Only 2 and 5 have correct answers.

G)	Only 3 and 5 have correct answers.

TEAR OFF

______________________________________________________________________________

Civil Procedure

Fall 2011 - Quiz # 1

______________________________________ __________________________________

Name PLEASE PRINT Answer

If you believe this question is vague, ambiguous, misleading or unfair, please explain why.