Question

QUESTION 17 A federal court would have diversity jurisdiction in which of the following cases: (A) A Michigan resident sues an auto company ( a Michigan corporation) for product liability resulting from an auto accident. (B) A California resident sues another California resident for negligence as a result of slipping and falling in the home of the second California resident. (C) An employee sues an employer for sexual harassment under Title VII of the Civil Rights Act of 1964. (D) A driver from New Jersey seeks to recover $500,000.00 in damages from an auto accident occurring in New York and the driver is from New York.

QUESTION 18 Punitive damages are defined as damages that are awarded to punish the Defendant, to deter the Defendant from similar conduct in the future, and set an example for others. True or False

QUESTION 19 The concept of venue reflects the policy that: (A) An individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. (B) A controversy is real and substantial as opposed to hypothetical or academic. (C) The court must have authority before it can take a case, try it, and decide it. (D) A lawsuit should be tried in the geographic neighborhood in which the incident leading to the lawsuit occurred.

QUESTION 21

1. It is usually recommended that contracts be in written form. The main reason for this is that unwritten contracts are difficult toprove the terms of and difficult for a court to enforce or uphold should a dispute occur.

   True or

   False

QUESTION 22

The requirements for a valid contract are: agreement, consideration, capacity, and legality.

True or

False

Answer 1

Ans 17. (D) A driver from New Jersey seeks to recover $500,000.00 in damages from an auto accident occurring in New York and the driver is from New York.

In the law of the United States, a diversity jurisdiction is a form of subject-matter jurisdiction in civil procedure in which a United States district court in the federal judiciary has the power to hear a civil case when the amount in controversy exceeds $75,000 and where the persons that are parties are "diverse" in citizenship or state of incorporation (for corporations being legal persons), which generally indicates that they differ in state and/or nationality.

Ans 18. True

Ans 19. (D) A lawsuit should be tried in the geographic neighborhood in which the incident leading to the lawsuit occurred.

The venue in a criminal case is the judicial district or county where the crime was committed. For civil cases, the venue is usually the district or county which is the residence of a principal defendant, where a contract was executed or is to be performed, or where an accident took place.

Ans 21. True

The main difference between an oral contract and a written contract is that it is harder to prove the existence of an oral contract. Because an oral agreement is not written down, the existence of the terms must be proved by the memory of the parties and other evidence. That is why many contracts are written.

22. False

A contract has six important elements so that it will be valid which is offer, acceptance, consideration, intention to create legal relation, certainty, and capacity. If the main elements are not in the contract, it would be an invalid contract.