Civil Law Questions

Rowena was born and raised in South Carolina. She was admitted to college in Georgia where she planned to get a degree in engineering before coming back to South Carolina to marry her high school sweetheart and work at her mother's company in South Carolina. While on the way to Georgia (but still in South Carolina), her car ran into Helga's. Helga had spent her entire life in North Carolina, but on the day of the accident, was going to the University of South Carolina to complete a 7 year doctoral program in astrophysics and then planned to pursue a job at whatever university in the western hemisphere that was hiring. Rowena sued Helga for $75,000 in federal court; on the day of suit, Rowena was in Georgia and Helga was in South Carolina. Is there diversity jurisdiction? Register your answer with your clicker.A.Yes because Rowena is domiciled in Georgia and Helga is domiciled in South Carolina.B.No because both Rowena and Helga are domiciled in South Carolina.C.No.D.Yes because Rowena is domiciled in South Carolina and Helga is domiciled in North Carolina.

Czerka corporation is run by a chief operating officer who lives in Illinois, a chief executive officer who lives in Texas, and a chief financial officer who lives in Florida. They have a P.O box for mail in Illinois, but otherwise make all decisions together on google video chats. Under Hertz, where is Czerka corporation's principal place of business?Work with a neighbor and decide where the principal place of business is.

Larry Lawstudent borrows $500 from Metropolitan Bank, under the North Carolina Stafford Act, which is modeled on, and copies from, the Federal Stafford Act. Under the program, banks make loans to students under individual loan agreements with each student. The statute setting up the program includes a guarantee that, if the student defaults, and the bank cannot collect after diligent efforts, the state will use a grant from the federal government to assure payment of the outstanding balance. Larry defaults on his loan, and Metropolitan sues him for the amount due in North Carolina state court. Larry removes to federal court, asserting that there is federal question jurisdiction. Is there?A.Yes because there is a federal issue in the lawsuit.B.No unless Larry can argue that a federal statute excuses him from paying because of financial hardship.C.No because the bank's complaint is based on state law.D.Yes because the North Carolina Stafford Act is based on federal law.

Monica was born and raised in Charleston, South Carolina and attended college there. She moved to North Carolina to attend medical school for four years. At a send-off party in South Carolina, she told her friends that she planned on applying for residencies nationwide, although she hoped to end up in North Dakota, and then to practice medicine in North Dakota. She also said she didn't think she would stay in North Carolina because she was tired of sweltering summers in the South and wanted a more temperate climate. A semester into medical school, she sued a driver who crashed into her in Charleston, South Carolina while visiting her family on a weekend break. Where was Monica domiciled when she filed suit?A.North CarolinaB.South CarolinaC.North Dakota

Paxton corporation manufactures French fries at a factory in Jackson, Mississippi. The factory employs 300 people. Paxton has a bank account and handles accounts payable from Jackson. It purchases most of its supplies from Mississippi. Its marketing manager lives in Texas. Its corporate headquarters are in Chicago, Illinois, at which major financial decisions are made, accounting and taxes are handled, records are kept, corporate officers have their offices, and the board of directors meets. It is incorporated in Delaware. A Mississippi citizen sues for false advertising. Under Hertz, where is the Paxton corporation's principal place of business?A.MississippiB.TexasC.DelawareD.Illinois

Osborn is a U.S. citizen from North Carolina who now lives in Greece and intends to stay there indefinitely. He sues Jones, a citizen of Vermont in Vermont federal court, on a state-law contract claim for $500,000. Is there jurisdiction under 28 U.S.C. § 1332?A.YesB.No

Chris (a Biden supporter) and Jake (a Trump supporter) walk into a bar. At first, they engage in some friendly discussion about vaccine mandates, critical race theory, and the events on January 6. When the discussion turns to recent North Carolina Court of Appeals decisions about whether to follow the Mas or Gordon approach to domicile, however, the conversation quickly deteriorates into nasty ad hominem attacks. Chris insults Jake's mother, insinuating that she doesn't even know where she's domiciled while everyone in the area gasps in astonishment. Flying into a rage, Jake attacks Chris with a chair. Chris sues Jake for assault and battery and alleges $40,000 in damages. Jake counterclaims for slander and alleges $40,000 in damages. This meets the amount in controversy.A.TrueB.False

A native of Wales moved to Iowa, established American citizenship, and lived in Iowa for more than thirty years. He then decided to return to Wales to retire, sold his property in Iowa and booked passage for Wales.... on the Lusitania. A German U-boat torpedoed the ship and he drowned. Thus, he died before arriving in Wales. Take a moment and think about where the Wales native is domiciled. Then register your answer:A.IowaB.Wales

True or False: Taxes generally must be applied the same among the states

True or False: Definitions vary between IRC sections

Types of code sections that have cost-of-living adjustments

County Dentists Clinic offers to buy from Dental & Medical Supplies Company a certain quantity of floss and other items for a certain price. Dental & Medical can accept the offer by

What is the most important division of the IRC?

What are Committee Reports usualy referred to?

Doesn't appear to be associated with any particular subsection, paragraph, or other element

True or False: Tax treaties are equal in effect to statutes

Any contract to commit a crime is unenforceable.

Summary of the floor discussions concerning the proposed bill

True or False: Follow effective date, not enactment date

who does the incidental beneficiary have the right to sue?