0 out of 10 points Banshee Corporation, incorporated in Delaware, manufactured the “Screaming MeeMee

0
out of 10 points

Banshee Corporation, incorporated in
Delaware, manufactured the “Screaming MeeMee” roller coaster
in Ohio, and operated it in several states including Florida. Mary paid
to ride the coaster in Yulee, Florida, where she lived, and where Banshee has
250 employees. Mary was injured because the coaster fell off the
track. She sued Banshee in the Florida Court System. Banshee
argued that it was not a citizen of Florida, and therefore wanted to move the
case from state court to Federal District Court. Mary objected, saying
that Banshee has a substantial operation and was therefore a Florida citizen
and there was no diversity of citizenship to permit the case to be moved to
Federal Court on that basis. Which of the following is most correct?

Question
2

10 out of 10 points

Acme
Corporation is being sued by Baker Bakery, Inc. in Jacksonville
Florida. Both corporations are incorporated in Florida, and have their
principal place of business in Florida. Acme is based in Jacksonville,
and Baker in Orlando. Acme believes that it would not get a fair trial
in Jacksonville because of adverse publicity, and there is evidence to
support this belief. Acme presents a motion to the court that the trial
have a change of venue to Brunswick Georgia, because that’s the nearest location
with a circuit court that has not been exposed to the adverse TV and
newspaper coverage of the issues in the lawsuit. Will the motion for a
change of venue to Brunswick be granted by the judge?

Question
3

10 out of 10 points

Which
of the following statements is NOT TRUE regarding a comparison of
state and federal court systems?

Question
4

0 out of 10 points

Burger Queen and McDougal’s Hamburgers are
competing fast food restaurant corporations. Burger Queen believes that
if it decides to develop a “hamburger on a stick” product, it can
prevent other fast food restaurants from copying that product. Before
it goes to the expense of developing the product, Burger Queen sues
McDougal’s in state court to determine, hypothetically, if Burger Queen would
in fact be able to protect its exclusive right to that product.
What will be the most likely outcome in the case?

Question
5

10 out of 10 points

In
Florida, Jones Corporation and Smith Corporation became involved in a dispute
about ownership of property. Jones brought a lawsuit against Smith in
the matter, and the court referred the parties to mandatory pre-trial
mediation. The mediator met with the parties in an effort to get the
parties to resolve the case themselves. Although the mediator offered
several good suggestions about how to resolve the case, the parties would not
agree with each other. At this point, which of the following will occur?

Question
6

0 out of 10 points

In 1992, Florida enacted a statute that required
that all ocean-going ships leaving Florida ports for foreign destinations
must place any containers with food in them on the bow of the ship, so that
ship-related fumes would not get into the containers that have food in
them. In 1995, the U.S. entered into a treaty with other nations that
provided that all ships must be loaded on a first-in, first-loaded basis,
which conflicted with the Florida statute. Is the Florida statute still
enforceable after the Treaty was entered into by the U.S.?

Question
7

0 out of 10 points

Savannah Office Systems (SOS) manufactures and
sells various office-related computer systems. All sales are to
wholesalers located in the same state as Savannah – Georgia. SOS
reasons that because it manufactures and sells exclusively within the state,
it is not subject to federal regulation under the Commerce Clause. Is SOS
correct in this reasoning?

Question
8

10 out of 10 points

The
National Association of State Tire Investigators, Engineers and Sellers
(NASTIES) discovers certain evidence that suggests the federal government has
been using its taxing powers to benefit wheel manufacturers, but not those
who manufacture tires. If the evidence establishes an intent to treat
one industry more favorably than another through the taxing power, will the
NASTIES be able to require the federal government to change the policy to be
non-discriminatory?

Question
9

10 out of 10 points

Shooter’s Haven Of Tallahassee (SHOT) posted two
billboards on its property. One billboard encouraged voters to vote for
a pro-gun candidate in the upcoming elections, and the other billboard
advertised a newly-opened gun shooting range at the SHOT business location.
The City Council believed that the billboards
were controversial and advertised aspects of the community that should not be
emphasized – guns and shooting. The City Council voted that the two
billboards should come down.
Which of the following is most likely correct
regarding the billboards?

Question
10

0 out of 10 points

Pat Smith,
an employee of Medical Providers Inc (MPI)., a privately owned medical
clinic, brought suit against MPI for discrimination based on the Equal
Protection clause of the U.S. Constitution. Pat believed that evidence
supports Pat’s belief that MPI has systematically and consistently treated
Pat adversely, compared to other employees, based on gender. Will Pat
win the lawsuit which is brought under the Equal Protection Clause?

 

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