Law 3800
Dr. Edmonds
Week Two Study Guide
Chapter 3 pages 44 – 50 and Chapter 5
I.
What are the powers and duties of American courts and how do they differ
from those possessed by courts in non-democratic societies?
II.
Explain what venue of a court means
III.
Explain what subject matter jurisdiction of a court means
IV.
Explain in rem jurisdiction
V.
Explain in personam jurisdiction
VI.
Explain “long arm” statutes and what purpose they serve
VII. Explain the standard the U.S. supreme Court has set for the valid exercise of
“long arm” jurisdiction by a state court.
VIII. Explain in rem jurisdiction
IIX. Explain the jurisdiction of Federal Courts and how it differs from state
courts.
IX.
Explain the two most common types of cases federal courts are allowed to
hear and what is required for both types to be eligible to be heard in Federal
court.
X.
What do we mean by “constitutional law”?
XI.
Explain the terms “Federal Government” and “states’ rights” and how they
interrelate in our governmental system.
XII. Explain “delegated” and “reserved” powers in the context of the U. S.
Constitution.
Study Guide, Week Two, page 2
XIII. Define interstate commerce and contrast it with intrastate commerce
XIV. Explain the source and extent of U.S. Congress’ power to regulate
commerce.
XV. Explain the “substantial effect” rule: see Wickard v. Fillburn, 317 U.S. 111
(1942)
XVI. Explain the “dormant” or “negative” aspect of the commerce clause and
how it relates to laws passed by states to regulate commerce within a state
XVII. Discuss Granholm v. Heald, 544 U.S. 460 (2005) and explain the Supreme
Court’s decision.
XVIII.Discuss Heart of Atlanta Motel v. U.S., 379 U.S. 241 (1964)
XIX. Discuss National Federation of Independent Business et al. v. Sebelius, 132
S. Ct. 2566 (2012) (The Affordable Care Decision)
XX. Discuss United States v. Lopez, 514 U.S. 549 (1995)
XXI. Discuss the supremacy clause of the U.S. Constitution and the City of
Detroit’s bankruptcy filing
Sample Questions:
The State of Utah legislature passes a law limiting the length of all semi-truck
trailers operating within the State of Utah to be 45 feet in length or shorter. The
national standard length is 54 feet. A national trucking company objects to the
Utah law as placing an unreasonable burden upon the tracking industry by
requiring trucks passing through Utah to use a shorter trailer than in standard use
all over the country and sues to invalidate Utah’s law. The case winds its way to
the U.S. Supreme Court.
Study Guide, Week Two, page 3
1. Which of the following legal standards should the Supreme Court apply in
deciding this case?
a. The substantial effect test.
b. The procedural due process test.
c. The dormant or negative aspect test.
d. The equal protection test.
e. The Abbot and Costello Rule.
2. Which of the following recent Supreme Court cases applied the correct test and
would be precedent for the Supreme Court in this case?
a. Wickard v. Fillmore
b. United States v. Lopez
c. Granholm v. Heald
d. Roe v. Wade
e. Western v. Central Michigan
Study Guide, Week Two, page 4
An employee of a scrap metal processing company in New Jersey is fatally injured
while operating a huge metal cutting machine. His estate claims the machine was
negligently designed and thus caused his injury and sues the manufacturer of the
machine in a New Jersey State Court. The manufacturer is a British corporation
having its headquarters and principal place of business in England. The
manufacture objects to being sued in the New Jersey state court, claiming the court
has no power over the manufacturer. See J. McIntyre Machinery v. Nicastro, 131
S. Ct. 2780 (2011)
1. Which of the following issues has McIntyre Machinery raised by its objection?
a. in rem jurisdiction
b. Venue.
c. in personam jurisdiction
d. States’ rights.
e. none of the above.
2. Which of the following laws would the estate of Nicastro argue gives the New
Jersey state court the power to compel McIntyre Machinery to appear and defend
the Nicastro lawsuit?
a. The Federal “long arm” statute
b. The New Jersey state statute creating “long arm” jurisdiction in New
Jersey state courts.
c. The Federal Supremacy Clause
d. The Federal Landrum-Griffin Act.
Study Guide, Week Two, page 5
3. Which of the following legal “tests” should the U.S. Supreme Court apply in
deciding this case?
a. The substantial effect test.
b. The substantial presence test.
c. The minimum presence test.
d. Both a and b.