Assignment:
A classic car auto repair shop is located in Santa Fe, New Mexico. Parts are hard to obtain and must often be ordered from suppliers in other states. The owner of the classic car shop often orders seat upholstery from a supplier in Trenton, New Jersey. The upholstery supplier has no salespeople, but instead depends on regularly sending catalogs to potential buyers. After the classic car shop owner experiences numerous complaints from customers that they have developed rashes and itching from the upholstery, requiring replacement, the owner of the classic car shop wants to sue the upholstery supplier to recover the $100,000 in damages he has suffered from using this product. The classic car auto repair shop owner:
- must sue in a court in New Jersey.
- is permitted to bring a diversity of citizenship lawsuit in federal court
- may not sue in New Mexico because there are inadequate contacts in the state
- none of the above
The period for the public to comment on a proposed regulation by a federal administrative agency:
- can be less than 30 days if the Federal Register Act was followed
- can be less than 30 days if hearings, either formal or informal were conducted
- must always be a minimum of 30 days before a final rule/regulation is adopted
- can be less than 30 days if an emergency exists
- none of the above
Proximate cause:
- is established by using the "but for" test
- is a separate element from causation
- was established by the case of Marbury v. Madison
- is the only element necessary to prove negligence
- none of the above
Punitive damages:
- are only available in negligence actions
- may only be awarded if the plaintiff shows the defendant acted with malice
- can be awarded in contract cases in some states if there was also an independent tort
- are only available if associated with a criminal act
- none of the above