LEGL - Ch. 4 - Answers to Review Questions

LEGL - Ch. 4 - Answers to Review Questions - Chapter 04 -...

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Chapter 04 - Litigation ANSWERS TO REVIEW QUESTIONS AND PROBLEMS - CHAPTER 4 LITIGATION – AN OVERVIEW 1. Parties Yes. It is appropriate for the original defendant, the contractor, to bring the supplier into the lawsuit as a third-party defendant. This process of impleading an additional party allows for an efficient determination of rights and duties among all affected parties. 2. Standing to Sue (a) The environmentalists must be able to demonstrate how their personal interests are adversely impacted by the actions of the Interior Secretary and the National Park Service. (b) The issue of a plaintiff’s standing to sue should be raised by the defendant and addressed by the judge at the outset of the litigation process. 3. Personal Jurisdictio n Attending a business meeting may not be sufficient contact to create personal jurisdiction for a lawsuit of this nature in Florida. When faced with the issue of whether it has jurisdiction under its long-arm statute, a court must ask whether the defendant’s actions are sufficiently connected with a state such that requiring that defendant to appear in court “will not offend the traditional notions of fair play and
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LEGL - Ch. 4 - Answers to Review Questions - Chapter 04 -...

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