Erie Doctrine and Choice of Law – Choice of Law Self-Quiz

 

 

 

 

 

 

 

 

 

The choice of law rules apply to cases being heard by:
Choice 1 Federal courts.
Choice 2 Federal or state courts.
Choice 3 State courts.
Choice 4 The U.S. Supreme Court, only.
Choice of law rules:
Choice 1 Requires that the parties satisfy the elements of federal diversity jurisdiction.
Choice 2 Requires that the parties satisfy the elements of federal question jurisdiction.
Choice 3 Requires that the parties reside in the same state.
Choice 4 None of the above.
In a survey of different states across the country,
Choice 1 All of the jurisdictions across the country utilize the same choice of law rules.
Choice 2 A majority of the jurisdictions uniformly apply the same choice of law rules.
Choice 3 All of the jurisdictions follow their own individual choice of law rules.
Maude, a resident of Portland, Oregon, was flying a kite in Central Park when the wind shifted and the kite went into a nosedive striking Kit, a lifelong resident of Brooklyn, New York, in the head. Kit was knocked unconscious, and brought to the hospital where she was diagnosed with a concussion. Kit, who was a paralegal at a large law firm in Manhattan, sued Maude in New York state court for negligence and medical costs, both tort actions. New York law provides Kit with a claim. Oregon law prevents Kit from claiming any monetary damages that are a result of the accident. Which law will the New York state court most likely implement in making its decision?
Choice 1 New York law.
Choice 2 Oregon law.
Choice 3 Either New York or Oregon law could be implemented, at the judge’s discretion.
Choice 4 Either New York or Oregon law could be implemented, at the plaintiff’s discretion.
Carla, a resident of New Mexico, entered into a contract with Masquerade, Inc., an Arizona company that supplied masquerade costumes for special events and occasions. Carla called John, a representative with Masquerade, Inc., from her home to make arrangements with the company to rent several costumes for Halloween. John informed Carla that Masquerade had a local distribution office in Santa Fe, New Mexico where she and her friends could pick and choose costumes. Carla and her friends went to the office in Santa Fe and selected the costumes they wanted on September 15, 2003. However, when they went to the costume shop, they found that their costumes had been rented out to other people. Furious, Carla sued Masquerade, Inc., for breach of contract in Arizona state court. Arizona law provides a full refund of the contract price, while New Mexico law provides for the full refund plus additional monetary damages (such as costs for renting substitute costumes). Which law should the Arizona state court apply in Carla’s lawsuit?
Choice 1 Arizona law should apply.
Choice 2 Either Arizona or New Mexico state law could apply, at the plaintiff’s discretion.
Choice 3 New Mexico law should apply.
Choice 4 Either Arizona or New Mexico state law could apply, at the judge’s discretion.
Leonard, a resident of Portland, Maine, purchased a cellular phone from Horizon Mobile (HM), Inc., a corporation based in Houston, Texas. Leonard also entered into a contract with HM, Inc., for a one-year cellular phone plan, providing national service for a fixed rate. Leonard was dissatisfied with his cellular phone service and found that it provide satisfactory service. He launched several complaints with HM, Inc., who stated that it was customary for cellular service to “occasionally” drop out of range. Leonard continually visited his local HM, Inc. office in Portland and sent letters to the downtown Portland customer complaint office. Frustrated, Leonard broke his contract and refused to pay the penalty amount. HM, Inc., sued Leonard in Texas state court to recover the penalty amount. Texas law permitted the full payment of the penalty to the plaintiff, while the Maine law prohibited the collection of the payment if there is a legitimate complaint. Which law should the Texas state court apply to HM, Inc.’s lawsuit?
Choice 1 Texas law should apply.
Choice 2 Maine law should apply.
Choice 3 None of the above.
In the same example as above, except that Leonard’s contract contains a clause that states the following: “For all disputes, relating to contract service, fees, and other related issues regarding this customer’s cellular phone service and phone hardware, the applicable court hearing such dispute should litigate such claims under the laws of the state of Texas”. HM, Inc., sues Leonard in Texas state court for the same claims. Which law should the state court apply?
Choice 1 Texas law should apply.
Choice 2 Maine law should apply.
Choice 3 Either Texas or Maine law could apply, whichever the plaintiff selects.
Choice 4 None of the above.
Patty, a resident of New York, was riding a train from New York to Charlotte, North Carolina. Suretrak, Inc., a corporation based in New York, operated the train. Tragically, the train struck an unoccupied train that was left on the track by Suretrak, killing Patty outside of Richmond, Virginia. Patty’s family sued Suretrak, Inc., for lost wages and other civil damages in New York state court. Virginia law allows for the recovery of limited lost wages, but prevents any other damages from being claimed. New York law allows for the recovery of a larger amount of damages as well as other civil damages. Which law should the New York court apply?
Choice 1 Virginia law should apply.
Choice 2 Either Virginia or New York law applies, based on the judge’s discretion.
Choice 3 New York law.
Choice 4 Neither Virginia nor New York law.

© 2003 - 2018 National Paralegal College