PLGL 101 Fall 2014, Mid-term Exam Note: You may put your answers to this exam on either the answer
sheet located on the first page of this exam booklet or you may submit your answers on a Scantron®
answer sheet. Please do not submit both.
Name: _________________________
1. ________________
8. ________________
15. ________________
2. ________________
9. ________________
16. ________________
3. ________________
10. ________________
17. ________________
4. ________________
11. ________________
18. ________________
5. ________________
12. ________________
6. ________________
13. ________________
7. ________________
14. ________________
1. Venue refers to the proper location in which to bring an action.
a. True
b. False
2. Mediation is:
a. The process in which an impartial panel or single individual hears arguments, conducts
hearings, and issues a decision on a dispute.
b. The process in which the parties agree early in the process to submit their facts in brief
form to an impartial person who will evaluate the matter and provide an opinion
regarding the likely outcome, but who does not render a decision.
c. A voluntary process in which a neutral expert trained in dispute resolution discusses the
dispute with the parties and works with them to reach a mutually acceptable settlement.
d. A voluntary nonbinding jury determination in which the parties present a summary of
their evidence and arguments to a jury.
3. Subject Matter Jurisdiction is defined as:
a. The power of the court to decide a given type of case.
b. The power of the court to bind the defendant to a judgment it renders.
c. The power of the court to extradite a litigant for purposes of service of process
d. None of the above.
4. Personal Jurisdiction is defined as:
a. The power of the court to decide a given type of case.
b. The power of the court to bind the defendant to a judgment it renders.
c. The power of the court to extradite a litigant for purposes of service of process.
d. None of the above.
5. The pleading used to initiate a case in court is a motion for discovery.
a. True
b. False
6. The case of International Shoe v. Washington, 326 U.S. 310 (1945), primarily dealt with:
a. The ability of a court to compel discovery
b. The ability of a court to sanction a litigant for failure to testify in a criminal proceeding
c. The ability of a court to assert personal jurisdiction over litigants.
d. All of the above
7. In litigation, the formal “Discovery” process generally begins before the filing of a complaint in
court.
a. True
b. False
8. A remedy at law generally refers to a remedy where money damages are being sought.
a. True
b. False
9. The state trial court of California is called:
a. Superior Court of California
b. Supreme Court of the United States
c. U.S. Court of Appeals
d. California Court of Appeals
10. If an individual has systematic and continuous contacts with a state, would an assertion of
personal jurisdiction over that individual by said state be consistent with International Shoe v.
Washington?
a. Yes
b. No
11. Subject Matter Jurisdiction may be waived by the parties.
a. True
b. False
12. Personal Jurisdiction may be waived by the parties.
a. True
b. False
13. At common law, a burglary may only occur during the nighttime.
a. True
b. False
14. The lack of subject matter jurisdiction can be raised as a defense by a litigant
_______________________.
a. At any time
b. Only after summary judgment has been granted
c. Only on appeal
d. Never
15. The primary distinction between the crimes of “larceny” and “false pretenses” is:
a. The value of the property that was obtained
b. The criminal history of the accused
c. Whether or not title was obtained
d. The burden of proof on the prosecution as to each element of the crime.
16. Larceny is the ___________ and carrying away of the personal property of another with the
intent to permanently deprive the possessor of the property.
a. Viewing
b. Burning
c. Taking
d. Vandalizing
17. At common law, rape could only be committed by a man.
a. True
b. False
18. Arbitration is:
a. The process in which an impartial panel or single individual hears arguments, conducts
hearings, and issues a decision on a dispute.
b. The process in which the parties agree early in the process to submit their facts in brief
form to an impartial person who will evaluate the matter and provide an opinion
regarding the likely outcome, but who does not render a decision.
c. A voluntary process in which a neutral expert trained in dispute resolution discusses the
dispute with the parties and works with them to reach a mutually acceptable settlement.
d. A voluntary nonbinding jury determination in which the parties present a summary of
their evidence and arguments to a jury.
Exam Note: The following essay question is OPTIONAL and EXTRA CREDIT. You do not have to
answer this question, but may do so if you so choose. If you wish to answer this question for extra credit,
please ensure that your full name is clearly written on the paper containing your answer.
Dave lives in Cambridge, Massachusetts. Dave runs a website that sells a specialized type of sunscreen
that is quite popular in California, and has been doing so for over one year. Dave’s website specifically
targets California residents, and over 90% of his sales go to California addresses. However, Dave himself
has never been to California, and has no offices or staff there.
As it turns out, Dave’s sunscreen has been found to increase the likelihood of cancer, and this fact was
widely reported on the news throughout the country. One of Dave’s customers, a California resident,
upon learning of this fact, becomes quite angry. This customer does not have any current cancer
diagnosis, but is quite troubled about the news that the product may cause such a condition. This
customer wants to sue Dave in California.
Can customer sue Dave in California? Why or why not?
DISCUSS ALL ISSUES, paying special attention to jurisdiction, venue, standing, mootness, and
ripeness.