GOVT 407 Exam 1

GOVT 407 Exam 1 Liberty University

  1. Mark (a Virginia citizen) files a lawsuit against John (a Virginia citizen) for breach of contract. Mark anticipates that John will raise a federal defense to his suit, so he files the case in federal district court. Is the case properly brought in federal court under 28 U.S.C. §1331?
  2. Suppose that federal courts did not use the Mottley rule; instead, they upheld jurisdiction under 28 U.S.C. §1331 if either the plaintiff’s complaint or the defendant’s answer raised an issue of federal law. The Mottleys bring suit in federal court, demanding specific performance of their contract. You represent the railroad, which is considering raising several defenses to the Mottleys’ claim, some based in federal law and some in state law. If you wanted to avoid federal court, what would you advise the railroad to do in answering the complaint?
  3. Landry wishes to sue Deveaux for violation of the New Mexico Consumer Protection Act. Does her case arise under the “laws of the United States”?
  4. Costa is injured in an accident with Prior on Interstate 95. Prior is a trucker who is engaged in interstate commerce, transporting goods among the various states on the eastern seaboard. Costa claims that Prior was negligent, in that he fell asleep and swerved into her lane, causing the accident. Does the claim come within the arising-under jurisdiction authorized by 28 U.S.C. §1331?
  5. Steinberg, the public relations manager for Pinnacle Engineering Company, is fired. He concludes that he was fired simply because the company wanted a younger person in his job and brings suit against Pinnacle under the Age Discrimination in Employment Act (ADEA), a federal statute that bars discharge or other discrimination in employment based on age. The statute expressly creates a right for employees to sue for damages for acts of age discrimination. Pinnacle admits that the ADEA governs its employees, and that Steinberg, who is 57, is protected under the statute. It defends on the ground that it fired him for incompetence, not based on his age. Is the case properly brought in federal court under 28 U.S.C. §1331?
  6. Suppose that Steinberg is from Florida and sues both Pinnacle (a Florida corporation) and Swift, president of Pinnacle and a Florida citizen. His suit alleges that he was fired because of his age and demands damages under the ADEA. Can he bring the action in federal court?
  7. Marshall is arrested by Brennan, a police officer. Marshall alleges that Brennan used excessive force in making the arrest, causing serious injury to Marshall. Marshall decides to sue in federal court and to assert only a state law battery claim. Is the case properly brought in federal court under 28 U.S.C. §1331?
  8. Wilson from New Jersey sues Madison from Virginia in a federal district court. Is there diversity between the parties?
  9. Hamilton from Pennsylvania sues Franklin from Pennsylvania in a federal district court in New York. Is there diversity between the parties?
  10. Smith from South Carolina sues both Baldwin from South Carolina and Britt from North Carolina in a federal district court. Is there diversity between the parties?
  11. Marlowe (California) sues Archer (California) in federal court in California for damages under a federal firearms control statute. May the court hear the case?
  12. Carella (New York) collides with McGee (Florida) during a car chase in New York City. Carella is disabled in the accident, retires to Florida, and sues McGee in a federal district court in Florida. Does the court have jurisdiction over the case based on diversity?
  13. Meyer, a New Yorker, decides to move to Arizona. He buys an Audi from Isola Volkswagen, a New York dealership incorporated in New York, and sets off with his family for Arizona. While driving through Oklahoma, he is involved in an accident and hospitalized. Two months later, while still in the hospital, Meyer files a negligence suit against Isola in an Oklahoma federal court. Does the court have diversity jurisdiction?
  14. Carella (New York) sues Underworld, Inc., incorporated in Delaware, doing business in every state, with its principal place of business in Florida. Suit is brought in the federal district court for the Northern District of Florida. Does the court have jurisdiction?
  15. McGee (Florida) sues Underworld, Inc., incorporatedin Delaware, doing business in every state, with its principal place of business in Florida. Suit is brought in the federal district court for the Southern District New York. Is there diversity jurisdiction?
  16. Marlowe (California) sues Gamblers International, Inc., a corporation incorporated in Nevada. Gamblers has two casinos: one very large casino in Reno, Nevada, which grosses $100 million per year, and another casino in California, which does $70 million in business each year. The corporate offices are in California. Is there diversity jurisdiction in Marlowe’s suit?
  17. Hammer sues Holmes for for $70,000 for his personal injuries suffered in an auto accident and for $15,000 for damage to his car in the same accident. Is the amount-in-controversy requirement met in this case?
  18. Hammer sues Holmes to recover $60,000 on a loan he made to Holmes and for $50,000 for an unrelated libel. Is the amount-in-controversy requirement met in this case?
  19. Hammer sues Holmes for $60,000 for damages suffered in an accident. In the same action, Marlowe, who was a passenger in Hammer’s car, sues Holmes for $25,000 for his injuries. Is the amount-in-controversy requirement met in this case?
  20. Hammer sues Holmes for $80,000 for his injuries in the accident. In the same suit, Marlowe, the passenger in Hammer’s car, sues for $25,000. Is the amount-in-controversy requirement met in this case?
  21. Hammer sues Holmes for $80,000 for injuries suffered in an auto accident. He also sues Dr. Watson, claiming that Watson negligently treated his injuries, causing $20,000 in additional damages. Is the amount-in-controversy requirement met in the claim against Watson?
  22. McGee sues Spenser for causing $50,000 worth of damage to McGee’s houseboat. His complaint contains two counts. Count One seeks $50,000 from Spenser for negligently ramming the boat while docking in Fort Lauderdale. Count Two seeks $50,000 from Spenser on the theory that he intentionally damaged the boat. Is the amount-in-controversy requirement met in this case?
  23. McGee’s $100,000 houseboat is destroyed in a collision with boats piloted by Spenser and Carella. He claims that either Spenser, Carella, or both, were negligent and sues them both to recover for the damage to the boat. Is the amount-in-controversy requirement met in this case?
  24. McGee sues Spenser for $60,000 for intentionally damaging his boat and for $50,000 in punitive damages. Is the amount-in-controversy requirement met in this case?
  25. Wilson sues Morris for spilling mustard on his favorite T-shirt. Wilson sues in federal court seeking $80,000 in compensatory damages. Is the amount-in-controversy requirement met in this case?
  26. Stewart, a California citizen, wishes to sue Cagney, also a Californian, for battery, to recover for injuries he suffered in a fight between them on a Los Angeles street. Stewart prefers to sue Cagney in California. (Assume that his damages exceed $75,000.) Would a state court in California have personal jurisdiction over Cagney?
  27. Stewart, a California citizen, wishes to sue Cagney, also a Californian, for battery, to recover for injuries he suffered in a fight between them on a Los Angeles street. Stewart prefers to sue Cagney in California. (Assume that his damages exceed $75,000.) Would a federal court in California have personal jurisdiction over Cagney?
  28. Stewart, a California citizen, wishes to sue Cagney, also a Californian, for battery, to recover for injuries he suffered in a fight between them on a Los Angeles street. Stewart prefers to sue Cagney in California. (Assume that his damages exceed $75,000.) Would a state court in California have subject matter jurisdiction over Cagney?
  29. Stewart, a California citizen, wishes to sue Cagney, also a Californian, for battery, to recover for injuries he suffered in a fight between them on a Los Angeles street. Stewart prefers to sue Cagney in California. (Assume that his damages exceed $75,000.) Would a federal court in California have subject matter jurisdiction over the action?
  30. Colbert, a New Yorker, sues Kojak for a violation of her federal civil rights. Suit is brought under 42 U.S.C. §1983, the federal statute that authorizes suit for such violations. The claim arises out of an unlawful arrest that took place in New York. Kojak is also domiciled in New York. May she bring the suit in a California federal court?
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