7/27/2019 FINAL EXAMINATION.pdf http://slidepdf.com/reader/full/ﬁnal-examinationpdf 1/1 FINAL EXAMINATION – INTRODUCTION TO THE US LEGAL SYSTEM NAME (Print): ___________________________________________________ Select Graded___ or Pass/Fail ___ Return answer to [email protected] no later than 5 p.m. CET Monday, 5 November 2012 QUESTION 1 - Greiling KG is a German company that produces a small handgun, designed to look like a small bottle of perfume and called the “Little Sonnenuntergang”. It has no office or employees in the U.S. The Little Sonnenuntergang is capable of rapid-firing 12 rounds of 22-caliber bullets. As Greiling’s sales pamphlet says: “Perfect for the fashion-conscious Lady who desires an added element of security in her handbag.” The pamphlet also notes that “for a small additional fee, the Little Sonnenuntergang can include a timing device so that, after a short delay, all 12 of the bullets will explode simultaneously, allowing it to be used as a trés chic hand grenade.” Greiling sold 1,000 of the Little Sonnenuntergang guns to a distributor in Texas, where it is legal to carry a concealed weapon (as in a purse). Unfortunately, a woman who bought a Little Sonnenuntergang travelled to California where it is illegal to carry a concealed weapon. The Little Sonnenuntergang exploded in her purse when she was in Los Angeles because she accidentally turned on the timing device while attending her son’s graduation at the Police Academy. Twenty-three people were injured. She was unhurt because she had forgotten her purse in the lobby where cocktails were being served. However, she was arrested and charged under California state law with carrying a concealed weapon. Threshold issues? Her lawyer in Texas is suing Greiling and the distributor in the Texas state courts for failing to warn her that their product might be illegal in many states. She seeks $250,000 for emotional distress. Greiling knows about the Texas lawsuit because one of its vice presidents was on vacation at Disneyworld in Florida and was served norice of the lawsuit there at the hotel swimming pool. A lawyer from Ohio is suing Greiling in the New York state courts on behalf of the 23 victims and “all persons in the world” who may have ever been injured by an exploding Little Sonnenuntergang. He seeks $10-million for actual damages and $250-million in punitive damages, claiming the product had a design defect. Greiling knows about the New York lawsuit because it received a registered letter at its offices in Hamburg. Greiling has no offices, agents, or assets in the United States. State courts? Service? Damages? Jurisdiction? Greiling’s CEO plans to go to the United States next week to attend trade shows in Texas and New York. Greiling contacts you for advice. What will you advise Greiling to do regarding the two lawsuits? Respond to Texas suit? Respond to New York suit? Exposure to service? QUESTION 2 – Which of these Amendments to the Constitution is most important in protecting individual rights: 1 st , 2 nd , 3 rd , 4 th , 5 th , 6 th , 7 th , 8 th , 9 th , 10 th , or 14 th ? And why?

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7/27/2019 FINAL EXAMINATION.pdf

http://slidepdf.com/reader/full/final-examinationpdf 1/1

FINAL EXAMINATION – INTRODUCTION TO THE US LEGAL SYSTEM

NAME (Print): ___________________________________________________

Select Graded___ or Pass/Fail ___

Return answer to [email protected] no later than 5 p.m. CET Monday, 5 November 2012

QUESTION 1 - Greiling KG is a German company that produces a small handgun, designed to look like a

small bottle of perfume and called the “Little Sonnenuntergang”. It has no office or employees in the U.S.The Little Sonnenuntergang is capable of rapid-firing 12 rounds of 22-caliber bullets. As Greiling’s salespamphlet says: “Perfect for the fashion-conscious Lady who desires an added element of security in herhandbag.”

The pamphlet also notes that “for a small additional fee, the Little Sonnenuntergang can include a timingdevice so that, after a short delay, all 12 of the bullets will explode simultaneously, allowing it to be used asa trés chic hand grenade.”

Greiling sold 1,000 of the Little Sonnenuntergang guns to a distributor in Texas, where it is legal to carry aconcealed weapon (as in a purse). Unfortunately, a woman who bought a Little Sonnenuntergang travelledto California where it is illegal to carry a concealed weapon. The Little Sonnenuntergang exploded in her

purse when she was in Los Angeles because she accidentally turned on the timing device while attendingher son’s graduation at the Police Academy. Twenty-three people were injured. She was unhurt becauseshe had forgotten her purse in the lobby where cocktails were being served. However, she was arrestedand charged under California state law with carrying a concealed weapon.

Threshold issues?

Her lawyer in Texas is suing Greiling and the distributor in the Texas state courts for failing to warn her thattheir product might be illegal in many states. She seeks $250,000 for emotional distress. Greiling knowsabout the Texas lawsuit because one of its vice presidents was on vacation at Disneyworld in Florida andwas served norice of the lawsuit there at the hotel swimming pool.

A lawyer from Ohio is suing Greiling in the New York state courts on behalf of the 23 victims and “all

persons in the world” who may have ever been injured by an exploding Little Sonnenuntergang. He seeks$10-million for actual damages and $250-million in punitive damages, claiming the product had a designdefect. Greiling knows about the New York lawsuit because it received a registered letter at its offices inHamburg. Greiling has no offices, agents, or assets in the United States.

State courts? Service? Damages? Jurisdiction?

Greiling’s CEO plans to go to the United States next week to attend trade shows in Texas and New York.Greiling contacts you for advice. What will you advise Greiling to do regarding the two lawsuits?

Respond to Texas suit? Respond to New York suit? Exposure to service?

QUESTION 2 – Which of these Amendments to the Constitution is most important in protecting individualrights: 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, or 14th? And why?