What two kinds of jurisdiction are BOTH necessary for a state court

Subject: Law    / General Law
Question

Question 1 0 / 40 points

What two kinds of jurisdiction are BOTH necessary for a state court to have jurisdiction over a case? Describe each briefly, in your own words. Demonstrate your understanding by providing specific examples (either actual or hypothetical).

Question 2 0 / 20 points

Karen, an Overland Park, KS resident, suffers from multiple sclerosis and experiences significant pain and discomfort at times. To help treat her, Karen’s doctor has prescribed medical marijuana. In an effort to save money, Karen now grows marijuana in her basement, sometimes asking her 21-year-old nephew Mike to help her with the production. As a thank you for his help, Karen lets Mike take some of the marijuana to share with his friends.

Assume for the purposes of this scenario that the Kansas legislature has recently passed a law legalizing the use of marijuana for both medicinal and recreational purposes. Recreational marijuana use continues to be illegal in Missouri and other surrounding states. At the federal level, the Controlled Substances Act (CSA) makes it illegal to manufacture, distribute, dispense, or possess with the intent to manufacture, distribute, or dispense controlled substances, including marijuana.

The U.S. federal government has legally discovered Karen and Mike’s activities and plans to prosecute both of them under the CSA.

What will be Karen’s and Mike’s best defense?

What rule of law will impact the court’s decision?

Will Karen, or Mike, or both be found guilty or innocent?

Your goal should be to write approximately 2-3 paragraphs.

TRUE/FALSE

Question 3 2 / 2 points

Courts always interpret statutes by following the plain meaning of their words.

True

False

Question 4 2 / 2 points

Minor criminal cases and civil disputes are decided in the appellate courts.

True

False

Question 5 2 / 2 points

The stakeholder theory of corporate social responsibility holds that rather than merely striving to maximize profits for its shareholders, a corporation should balance the interests of shareholders against the interests of other corporate stakeholders, such as employees, suppliers, customers, and the community.

True

False

Question 6 2 / 2 points

Profit maximization is a deontological theory.

True

False

Question 7 2 / 2 points

The “critical legal studies” movement regards law as the product of political calculation and class biases of lawmakers.

True

False

Question 8 2 / 2 points

Today, discrimination on the basis of gender receives more strict scrutiny than discrimination on the basis of race.

True

False

Question 9 2 / 2 points

Interrogatories are a form of discovery requiring a party to file written answers to questions submitted to that party.

True

False

Question 10 2 / 2 points

The doctrine of standing to sue requires that, in order to be able to mount a civil suit, a plaintiff must have some direct and considerable stake in the outcome of the suit.

True

False

Question 11 2 / 2 points

State and federal declaratory judgment statutes do not allow parties to determine their rights and duties when their controversy has not advanced to the point where harm has occurred and legal relief may be necessary.

True

False

Question 12 2 / 2 points

The doctrine of stare decisis states that like cases should be decided alike.

True

False

MULTIPLE CHOICE

Question 13 0 / 2 points

The _____ are the documents that the parties file with the court when they first state their respective claims and defenses.

pleadings

summons

clauses

appeals

Question 14 2 / 2 points

Which of the following is not a prescribed guideline for ethical decision making?

How do the alternatives impact the decision maker?

What facts impact my decision?

What are the alternatives?

What factors appeals to pity?

Question 15 2 / 2 points

Ordinances are created by

Congress.

equity courts.

counties.

the Supreme Court.

Question 16 2 / 2 points

Contracts sometimes contain a provision reciting that disputes between the parties regarding matters connected with the contract must be litigated in the courts of a particular state. What is such a provision called?

Choice of law clause

Substantive clause

Forum selection clause

Minimum contacts clause

Question 17 2 / 2 points

Cartman, a resident of South Park, Colorado, creates a website called “But Seriously” which acts as an electronic billboard for posting funny stories. Timmy, a resident of Northridge, California, posts a story on the website. Stan, a San Diego, California resident, files a lawsuit against Cartman in a federal district court in California, claiming that Cartman had defamed him on his website. Based on these facts, does Cartman have sufficient “minimum contacts” to give the California federal district court’s in personam jurisdiction over him?

Yes, Timmy’s posting creates sufficient “minimum contacts.”

Yes, by creating a website that is accessible in California, Cartman has sufficient minimum contacts with that state.

No, Timmy’s posting alone is not enough to create sufficient “minimum contacts.”

Cartman has sufficient “minimum contacts” with California only if Stan’s claim is in excess of $75,000.

Question 18 2 / 2 points

Jack flipped a coin five times and each time it came up heads. His friend Atmel saw this and bet Jack that the next flip would come up tails. Atmel figured that it was overdue for a tails and so tails was a more likely outcome in the next flip. Atmel has fallen prey to

gambler’s fallacy.

reductio ad absurdum.

sunk cost fallacy.

argumentum ad hominem.

Question 19 2 / 2 points

_____ are model statutes drafted by private bodies of lawyers and scholars.

Uniform acts

Precedents

Ordinances

Equitable remedies

Question 20 0 / 2 points

What are statutes?

Laws made and applied by judges

Laws made by the federal judiciary

Laws made by Congress or a state legislature

Laws made by administrative agencies

Question 21 2 / 2 points

Which of the following statements is true of statutes and statutory interpretation?

Statutes are written in different authoritative forms.

Statutes are easier to interpret than case law.

Courts begin their interpretation statues with legislative history.

There is deliberate ambiguity in the language of statutes.

Question 22 2 / 2 points

Which of the following is applied in a lawsuit between two private parties?

Civil law

Procedural law

Public law

Criminal law

EXTRA CREDIT

Question 23 0 / 1 point

Your major or desired area of study is

The correct answer is not displayed for Long Answer type questions.

Question 24 0 / 1 point

Your goal letter grade for this class is

Question 25 0 / 3 points

You are taking this class because