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Civil Procedure Practice Exam

Read the following fact pattern, and answer the question. Give yourself 60 minutes to complete this exam. Do not go over the time limit.

We recommend that you take this exam only after you have completed your study of jurisdictional issues. If necessary, review the Civil Procedure Rules of Law before starting this exam.

Once you have completed the practice exam in the time allotted, then compare your answer with this Civil Procedure Sample Answer.

Civil Procedure Fact Pattern

Peter is a model rocket hobbyist who lives in the State of X on the border with Y State. The closest shopping district next to him is in Y State. Donner Industries makes a model rocket called the A-5. Donner is incorporated in the state of Delaware and has its only place of operations in Z State. Donner does no national advertising itself and does not sell directly to stores or hobbyists. Donner sells only to a nationwide distributor in New York City. Donner provides the distributor with various promotional materials including tapes of radio advertisements that hobby stores can use to buy time on local radio stations. No hobby store in X State carries the A-5.

Peter hears the Donner-produced advertisement on a radio state broadcasting from the State of Y about the new A-5 model rocket being sold at a local Henry's Hobby Store in Y State. Peter travels from X State into Y State and buys an A-5 rocket. At his home in X State, Peter assembles the rocket correctly. Following all safety precautions, Peter attempts to launch the A-5 rocket but, due to a faulty design, the A-5 explodes causing substantial personal injury to Peter and igniting a fire that damages Peter's house. In Federal District Court in X, Peter sues Donner Industries claiming $40,000 in damages to the house, $30,000 in medical bills due to personal injuries and $10,000 in lost wages due the injuries.

State X's long-arm statute provides for jurisdiction against tortfeasors whose actions cause injury in the state of X.

You are a law clerk for the Federal District Court in the state of X, and the presiding judge has asked you to prepare a memo analyzing whether or not the case should be heard in this court. What are the issues, correct result and reasoning on whether or not this case should be heard?

Once you have completed the practice exam in the time allotted, then compare your answer with this Civil Procedure Sample Answer.

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