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Legal Concepts74) When Stella Finman got to know that she was terminally ill, she drafted a will leaving all herproperty to her son. During her period of illness, Stella was financially and emotionallysupported by her lawyer as her son was mostly away. When the will was read upon her death, itsaid that her lawyer would get a 20 percent stake in Finman Corp., a company Stella owned.Upon investigation, it was revealed that Stella's lawyer took advantage of Stella's weakness andpersuaded her to change the contractual terms. This is an instance of ________.A) undue influenceB) batteryC) duressD) fraud

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Tonya writes for the Raleigh Gossip magazine and is domiciled in North Carolina. After attending a civil procedure conference, she gets a juicy story about the chairperson of the Advisory Committee for the Federal Rules of Civil Procedure: he revised some of the rules when he was drunk while living in his cabin in the Alaska wilderness. She confirms the story by making calls into the chairperson's home state of Alaska to speak with neighbors who attest to the chairperson's drinking problem. The Raleigh Gossip magazine distributes newspapers in four stores in Alaska and sells about 10,000 copies a year in Alaska. The chairperson sues for defamation in Alaska federal court and Tonya files a motion to dismiss. Under Calder, what result?A.Denied because the reasonableness factors support personal jurisdiction.B.Granted unless the chairperson can show that Tonya has visited Alaska.C.Granted because mere foreseeability is insufficient to support personal jurisdiction.D.Denied because she knew he would suffer reputational consequences in Alaska.

Sherman corporation is domiciled in Georgia. It manufactures tanks (for now just one model) for personal use and sells them nationwide; it designs and manufactures the tanks in Georgia. As relevant here, it runs advertisements in Indiana on television, radio and social media. "Lay waste to anyone you get in an accident with and settle any personal disputes like a Civil War general marching to the sea. Get Sherman tough!" a typical advertisement says. It has 25 service centers in Indiana and runs 50 tank dealerships where it sells tanks to customers. Also as relevant here, Sherman co. sold one of its tanks to Sheridan in Ohio from a dealership in the state about two years ago. Sheridan died and his son Pope, also from Ohio, inherited the tank. Pope decided to take the tank on a cross country road trip. While driving through Indiana, he saw an RV that suited him better and traded his tank in at a used car dealership (not one that Sherman co. owned or operated). Grant purchased the tank from the reseller and when he got cut off by a motorist named Lee, took aim with the tank's turret, and tried to shoot the car off the road. Unfortunately, the barrel exploded, causing minor injuries. He sued Sherman co. for negligent design in Indiana court. Does the court have personal jurisdiction?A.No.B.No under the but-for test.C.No under the evidentiary test, but maybe under the but-for test.D.Yes under the evidentiary test and yes under the but-for test.

Bastilla owns a tennis racket stringing business in North Carolina. After Revan is elected governor of North Carolina, he imposes all sorts of costly regulations on tennis racket stringers. As a result, Bastilla sees a dark future for her business and relocates to Washington State, where the burden on her business is on the light side. She ends all advertisements in North Carolina, never visits the state, and specifically refuses to ship rackets to the state. Over the years, she builds up a modestly successful business that earns about $150,000 a year. One day, Carth comes into her store and buys a racket, which works fine for several years. He moves to North Carolina and enters a senior tournament. In the finals, he plays Malak (domiciled in North Carolina). Midway through the match, the racket explodes due to some gunpowder being mistakenly included in the frame. Both Malak and Carth are injured. They sue Bastilla's business in North Carolina state court. Bastilla files a motion to dismiss. What result under Justice Brennan's framework?A.Denied because Bastilla has minimum contacts in North Carolina.B.Denied because there are minimum contacts among the parties.C.Granted because Bastilla has no purposeful minimum contacts in North Carolina.D.Granted because the reasonableness factors cannot support personal jurisdiction.

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