Nov 6 Webinar Quiz

What is IRAC?

In legal writing it refers to: Issue, Relevance, Appeal, Conclusion
In legal writing it refers to: Issue, Res, Appeal, Correction
In legal writing it refers to: Issue, Rule, Application, Conclusion
In legal writing it refers to: Issue, Resolve, Antithesis, Correction

What are minimum contacts?

A basis for subject matter jurisdiction
A basis for diversity jurisdiction
The minimum procedures necessary to satisfy due process in a civil litigation
The minimum relationship between a defendant and a forum state necessary for personal jurisdiction to be constitutional

What is diversity jurisdiction?

Grounds for a state to assume personal jurisdiction over an out-of-state defendant.
When a federal court asserts subject matter jurisdiction over a case based on the “citizenship” of the litigants.
When a federal court asserts personal jurisdiction over a case based on the subject matter of the litigation.
When a court asserts subject matter jurisdiction over a case based on a Constitutional question.

What is Due Process?

A person’s right to fair legal procedures before the government deprives a person of life, liberty, or property
A person’s right to express his opinions without interference from the government
A person’s right to practice religion without interference from the government
Congress must have a consitutional basis to enact laws

What is general personal jurisdiction?

When a court has personal jurisdiction over a defendant for any of his actions, anywhere.
When a court has personal jurisdiction over a defendant based on his contact with the forum state.
When a court has personal jurisdiction over a defendant based on diversity.
When a court has personal jurisdiction over a defendant based on a federal question.

What is personal jurisdiction?

A court’s power over a party to a case, including power to enter judgment against him.
A court’s power to hear a certain type of case.
A court’s power to hear a certain type of case, but only in federal court.
A court’s power over a plaintiff if the defendant moves to dismiss.

What is a long-arm statute?

A statute prohibiting conduct outside a state that interferes with a state’s internal commerce.
A statute regulating commerce between states if the conduct substantially threatens competition.
A statute defining when a state will assert personal jurisdiction over a non-domiciliary.
A statute defining when a state will assert subject matter jurisdiction over cases involving conduct outside the state.

What is the outer limit of a state’s power to assert jurisdiction over non-domiciliaries?

As far as the Due Process Clause of the Constitution allows.
As far as the Privileges and Immunities Clause of the Constitution allows.
As far as the Fifth Amendment of the Constitution allows.
As far as necessary to promote federalism and the efficient distribution of goods.

What factors should a court look at when determining whether to assert specific personal jurisdiction?

Whether the parties are diverse and the whether the amount in controversy is greater than the statutory threshold.
The defendant’s contacts with the forum state and the connection between those contacts and the litigation.
The plaintiff’s contacts with the forum state and the connection between those contacts and the defendant.
Both parties’ contacts with the forum state and whether exercising personal jurisdiction would be convenient compared to other available forums.

What is the ‘forum state’?

The state with the greatest interest in the outcome of a litigation.
The state with the greatest interest in protecting the interests of the plaintiff.
The state with the greatest interest in protecting the interests of the defendant.
The state in which the court selected by the plaintiff is located.

Which of the following is a difference between a unilateral contract and a bilateral contract?

In a bilateral contract a court will enforce a promise as binding on the promisor.
In a unilateral contract a court will not enforce a promise unless there is consideration.
In a unilateral contract an offer is accepted by performance.
In a unilateral contract the parties exchange promises.

What is the traditional rule for revoking an offer in a unilateral contract?

An offer can be revoked before the counterparty completes performance.
An offer can be revoked before a party begins performance.
An offer can never be revoked because it is a unilateral contract.
An offer can be revoked if the offer is for the sale of goods greater than $500 and is not in writing.

What does UCC stand for?

Uniform Contract Code
Uniform Contract Confirmation
Uniform Commercial Class
Uniform Commercial Code

To what types of contracts does the UCC apply?

Employment contracts
Contracts for the sale of goods
Contracts for the sale of goods valued $500 or more
Insurance, employment, and distribution contracts.

What are ‘goods’ for purposes of the UCC?

Items valued greater than $500.
Tangible, moveable items.
Items valued less than $500.
Real property.

In which states should a business entity be subject to general personal jurisdiction?

States from which it derives substantial revenue.
States where its senior officers live.
The state where it is incorporated and the state of its principal place of business.
A state in which it advertises.

What is the mirror image rule?

A traditional rule that any deviation in a party’s performance under a contract constitutes an implied offer to form a new contract.
A traditional rule that any deviation in a party’s performance under a contract constitutes a material breach of the contract.
A traditional rule that if an acceptance states terms different from the offer, a contract is formed under the terms of the acceptance.
A traditional rule that if an acceptance states terms different from terms of the offer, the purported acceptance is a rejection of the offer.

Mary asks Patty to paint her fence for $100. Patty says she’ll do it for $125. Which of the following accurately describes Mary and Patty’s negotiations?

Mary made an offer. Patty rejected and made a counteroffer.
Mary made an offer. Patty rejected the offer.
There is an implied contract for Patty to paint the fence at a reasonable rate, but not less than $100.
There is a contract for Patty to paint the fence for $125.

ABC company is incorporated in Delaware and its headquarters for years has been in Los Angeles, CA. As a result of wildfires, the company moves its headquarters and key leadership to Oregon. ABC company was sued in Oregon for a tort it allegedly committed in New Jersey and which had no effect on Oregon. If the Oregon court decides it has personal jurisdiction over ABC company, which of the following would best explain its reasoning?

The court held that Oregon has a greater interest in the outcome of the litigation than New Jersey.
The court held that it has general personal jurisdiction over ABC Co. because its headquarters is now in Oregon.
The court held that New Jersey has personal jurisdiction over ABC Co. and Oregon must also have jurisdiction over ABC pursuant to the Full Faith and Credit Clause of the United States Constitution.
The court found that the parties were diverse but the amount in controversy did not exceed $75,000.

Olivia posts a $1,000 reward for the person who returns her lost dog. Francis promises Olivia that she will find the dog. Francis searches intensively and eventually finds the dog, 30 miles away. Francis calls Olivia and tells her the dog was found. Olivia sounds insufficiently grateful so Francis decides to spite Olivia and quits the search. What best describes the legal result?

Francis breached the contract and must compensate Olivia.
Olivia must compensate Francis for the time spent searching for the dog.
Francis is entitled to $1000 for finding the dog.
The parties never formed a contract.

Nov 6 Webinar Quiz

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