BMGT 380 FINAL EXAMINATION

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place a pin in his broken leg. Anxious to return home and see his regular doctor, Jones flew out of Mexico shortly after the surgery. He required two plane seats and an ambulance to meet him at various airports. His health insurance would not cover his hospital stay in Mexico as it was located outside the U.S. When back in Arizona, Jones was unable to work for 8 weeks and required another surgery to remove the pin. He also required several weeks of physical therapy. 24. Jones wants to sue Windell Hotels, Inc. in federal court for $450,000 to recover all his medical expenses in Mexico and the US; for $50,000 for the cost of the plane trip from Mexico to Arizona, the 2 plane seats and ambulance costs in various airports; $10,000 for 8 weeks of lost wages; and $50,000 for pain and suffering resulting from the injury. Can he sue in federal court? a) Yes, because Federal Court always has jurisdiction over citizens of different states. b) No, because Federal Court does not have jurisdiction in cases that do not involve federal laws. c) Yes, because the Federal Court may have jurisdiction over citizens of different states and the lawsuit involves damages greater than $75,000. d) No, because the Federal Court has no jurisdiction over an accident that occurred in Mexico. 25. It would be easier for Jones to bring the lawsuit in Arizona state court, but he wonders if the court can get Windell Hotels to come to Arizona. Can the Arizona state court impose jurisdiction over Windell Hotels to bring the company to court in Arizona? a) No, because the subject of the lawsuit took place in a foreign country. b) No, because the corporation does not have sufficient minimum contact with Arizona to allow the Arizona court to use the long arm statute to establish jurisdiction in Arizona. c) Yes, because the Jones is a resident of Arizona and he is the plaintiff in the lawsuit. d) Yes, because Windell Hotels has sufficient minimum contact with Arizona the state to justify the court’s use of the long arm statute. Scroll down please to begin the essay portion of the exam. Section: Section II. Essay: 9 questions/50 points Questions 1-8 = 5 pts each; question 9 = 10 pts Use the answer sheet at the end of the exam. Number each answer. DO NOT recopy questions. Answer each question in complete paragraphs; do not list or answer in phrases (points will be deducted for doing so). None of these questions can be adequately/comprehensively answered in just a paragraph, so be comprehensive, in depth in your answers, but be careful to not include irrelevant information.
Points will be deducted for answers that are not well justified, not sufficiently comprehensive. Use APA in text citations, as appropriate but please do not use direct quotes. Use only classroom notes/comment and assigned reading or watching materials as resources, which is all you need to complete the exam. DO NOT use any outside, Internet resources as they are often inaccurate. Follow directions carefully. Answer all parts of each question. Be sure to directly answer the question(s) asked. __________________________________________________________________ Refer to the scenario for Multiple Choice questions 24-25 above to answer the following essay question #1 only: 1. Jones sued Windell Hotels, Inc. for negligence to recover damages for his injuries resulting from the fall in the Cabo Mar hotel. Will Jones likely be successful in the negligence lawsuit against Windell Hotels? Explain fully why or why not. 2. Clarkson and Lee did not have a contract, but Clarkson completed extensive landscaping in Lee’s yard by mistake while Lee was away on vacation. Clarkson sent Lee a bill for the landscaping service but Lee refused to pay. Determine the likely result if Clark sues Lee to recover the costs of the landscaping. 3. Racer contracted in writing to drive Owner’s one-of-a-kind, specially designed championship race car in the Miami 500 Race on July 15 for a fee of $2500. On July 1, the race car was destroyed in an accidental fire in a storage warehouse where the race car was being stored prior to the race. Owner owns no other race cars, so Owner considered the contract discharged. Racer claimed that she is still entitled to the $2500 fee because she and Owner had a valid enforceable contract. Compare and contrast the rights and obligations of Racer and Owner under the contract as of July 1. 4. Compare and contrast the rights and possible liabilities for a merchant selling goods in “As Is” condition with the rights and possible liabilities for selling goods with an express warranty stating, “This product is quality Grade A”. 5. Aaron plans to open Aaron’s Pets, a pet shop selling pets and pet supplies, and plans to hire 2 part-time employees. Aaron will invest only his own money in the business. He does not expect to make any profit for at least 2 years and to make very little profit for the next 3 years after the first 2 years. He does expect to make a profit eventually. Which form of business organization is most appropriate and easiest for Aaron to use in opening his pet store – and why? (There is only one correct answer) 6. There are extensive federal regulations governing airplanes and pilots. Assume that the state of New York passed a statute containing numerous requirements,
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Page 7: 21. Pete, who collects antique cars

BMGT 380 FINAL EXAMINATION

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