Hansel’s Canned Herring, Inc. advertises, markets, distributes, and sells Hansel’s herring products in all 50 states. Hansel’s is incorporated and has its principal place of business in Maine. Ethel, a Virginia resident, purchases a can of Hansel’s at a store in Portland, Maine, where she was visiting relatives, used it in a picnic dish she made, and became deadly ill eating the product, with medical expenses in excess of $100,000. Ethel recovers, returns to Virginia, and files suit in a Virginia federal court. As such:
Hansel’s can dismiss the case because the court lacks subject matter jurisdiction.
Hansel’s can remove the case to state court in Norfolk.
Hansel’s can obtain a dismissal of the case because the court lacks jurisdiction over Hansel’s person.
None of the above are options for Hansel’s.
Which of the following would be subject to the least stringent standard of constitutional review?
A state law imposing strict pollution control standards on some firms, but very lenient standards on others.
A state law declaring that ten percent of the state’s administrative employees must be members of minority groups.
A state’s ban on advertising that contains some sexually stimulating material.
All of the above would receive the same level of constitutional review.
Acme Company is a research and development organization employing scientists and others to develop new electronic products in Virginia. Sam Smart, one of Acme’s brightest but rudest R&D scientists, was fired by Acme for yet another unforgivable social blunder when he slandered his co-worker, Ethel Meek, in front of an assembly of company employees at a picnic. Smart files suit in a Virginia circuit court for breach of employment contract. Given these facts and, in particular, his “at will” status under Virginia law, which of the following is true concerning Acme’s legal response:
Acme must file an answer to the suit or risk default judgement
Acme must file a motion to dismiss because the case has no merit
Acme could file a motion to dismiss, and, if its motion is not granted, then file an answer to the suit.
Acme need not respond to the suit because it has no merit under Virginia law.
Alabama passes a statute declaring that those tampering with computer databases are guilty of a fourth-degree felony and will receive a minimum one-year prison sentence. Within which classification would this law fit?
Criminal, procedural, and private
Criminal, substantive, and public
Civil, substantive, and private
Civil, procedural, and private