NEW JERSEY INSTITUTE OF TECHNOLOGY The Legal Environment of Business -Mgmt 290 Instructor: Diana Walsh, Esq. MID TERM EXAM Midterm Exam due no later than 3/7/2007 Problem I (30 points) Rosemary, a citizen of Florida, was walking near a busy street in New York City one day when a large crate flew off a passing truck and hit her, resulting in numerous injuries to Rosemary. She incurred a great deal of pain and suffering plus numerous medical expenses, and she could not work for six months. She wishes to sue the trucking firm for $300,000 in damages. The firm’s headquarters are in Georgia, although the company does business in New York City. 1. In what court may Rosemary bring suit, a New York state court, Florida state court, or a federal court? Define and explain on what basis a state court or a federal court may or many not have jurisdiction in this case. 2. Now suppose that one of the courts requires this dispute to be arbitrated prior to any trial on the matter. Explain whether this arbitration is likely to be legally binding on the parties. Problem II
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