UNIVERSITY OF KENTUCKY
COLLEGE OF LAW
(815-001) Room 215
1:00 P.M.
FINAL EXAMINATION
INSTRUCTIONS - READ CAREFULLY
1 . During the examination you can only use your copy of the Federal Rules of Civil Procedure. You cannot tab sections of the Rules or have outlines written in the Rules book. Do not worry if you have highlighted and/or underlined passages. You cannot use any other materials (commercial or personal). If this rule is violated, you will not be permitted to finish the final examination and will receive an 'E' for this course.
2. You have three (3) hours to complete the examination. The final examination is worth two hundred and twenty-flve (225) points.
3. You must write your examination number in the space provided on the front of this examination and on the front of each blue book you use.
4. If you use more than one blue book, mark the first blue book " I of 3" the second one "2 of 3", and so on.
5. Write your answers using a pen with blue or black ink.
6. Write all of your answers in your blue books. You will not receive points for responses that are not included on the blue book pages.
7. Write on every other line and on only one side of the page.
8. Write your answers clearly and thoughtfully. If you believe you need to make a reasonable assumption from a given fact, then clearly note what it is you are assuming. If you make a reasonable factual inference from a given fact, state the inferred fact and how you reasonably inferred the fact.
9. Answer only the question(s) asked. You will not receive points for irrelevant responses.
10. After the three hours have passed, I will call time and all students must immediately cease writing. If you do not follow this instruction, I will confiscate your blue book(s) and you will receive an "E' for this course.
11. I will either be in the classroom or in my office in Room 255 during the exam. If you have any questions, please come and ask me.
12. After you hand in your blue books do not ask me any questions regarding the final examination or make any comments pertaining to your answers.
1 3. All academic endeavors of the students of the University of Kentucky College of Law are governed by the Honor Code.
1 4. By turning in this exam, you hereby pledge on your honor as a student that you have neither given nor received any unauthorized aid on this exam.
GOOD LUCK ON THE EXAMINATION 1
Two hundred and twenty-flve (225) points
Fox Mulder was born and raised in Quantico, Virginia. His parents still live there. His parents also spend a fair amount of time at their house at Martha's Vineyard in Massachusetts. Due to some "strange" occurrences at his home, Fox decided to attend college at the University of Miami in Coral Gables,, Florida. This move enabled him to leave home and to pursue his interest in oceanography. He graduated with a bachelor's in oceanographic studies.
Since he lived in Florida for four years he registered his car there and got Florida license plates. He also got a Florida driver's license. However, his parents continued to pay his car insurance. Fox does not trust many politicians, so whenever there is an election he always votes. While he was going to school in Florida he registered to vote there.
Fox wasn't sure what he wanted to do after graduating from the University of Miami. The first thing he did was to pack his belongings and move them to Virginia to be stored at his parents' home. He finally decided to get a master's degree in architecture. He felt this would help him achieve his life long dream: building the first ecologically sound underwater housing development. Degrees in oceanography and architecture would provide the perfect background for this project.
So Fox moved to Lexington, Kentucky and enrolled as a graduate student in the University of Kentucky's architecture program. He found an apartment near the campus. He's made many friends and really enjoys living in Lexington. He's received A's in all the classes he's taken during the two years he's been at UK. Now Fox is busy working on his master's thesis.
Fox forgot to register to vote in Kentucky so in the last election he voted by absentee ballot since he was still registered to vote in Florida. However, he plans to register to vote in Kentucky soon so he can vote here in the next election.
Fox's parents still pay his car insurance and his car still has Florida plates. Since his license hasn't expired he still has his license from Florida. Many of the belongings he took to his parents house remain in storage there. He has,, however, made several trips to Virginia to move some of his belongings to Lexington.
Fox has not returned to Virginia to celebrate every major holiday: Christmas and Thanksgiving. Instead, sometimes he goes with friends on sailing and diving trips in the Caribbean.
Fox is really "Into" natural health products. He recently purchased some tablets made from natural substances which are touted as an effective and safe sleeping aid (Fox suffers from insomnia). At first the tablets worked like a charm. However, the last time Fox took the tablets he went into a coma. If his roommate hadn't discovered him in the nick of time and rushed him to the hospital, he probably would have died! As it was, Fox remained in a coma for one week. Needless to say, he is very upset over the incident.
The tablets were manufactured by the We-Make-it-Right Corporation. Make-It-Right is incorporated in Virginia. The chief executive officers all live in Florida because they like the warm climate and living by the ocean. Like all of the products manufactured by Make-It-Right, the natural sleeping tablets Fox took were made at Make-it-Right's plant in Ohio. The company decided to open its plant there because of the great deal they made with the State of Ohio. Although, the deal provided Make-It-Right with great tax breaks, the company was not exempted from Ohlo's "authorized to do business' statute which required it to expressly consent to personal jurisdiction for any cause of action occurring in Ohio.
Make-It-Right distributes its products directly from the packaging department at the Ohio plant. The products are distributed to the regional distributors who then sell the products to retailers. The company that distributes Make-It-Rights's products to the Southern and Southeastern states is located in Louisville, Kentucky.
Fox comes to you because he wants to sue Make-It-Right for the injuries he sustained from the sleeping tablets. You're fairly certain he has a state claim for negligence worth $20,000 - $40,000 and a second state claim for the negligent infliction of emotional distress worth $30,000. In addition, you've discovered a little known regulation promulgated by the Federal Food and Drug Administration that states: "Companies manufacturing goods made from natural substances have a duty to use extra care."
All the states mentioned, except Ohio, have long-arm statutes allowing the exercise of personal jurisdiction to the extent permitted by the Constitution.
Before you prepare a complaint on behalf of Fox you need to examine the following:
(1) Fox prefers to sue Make-It-Right in Kentucky. Is this feasible? If so, why? If not, why not? What alternative jurisdictions, if any, are available and why?;
(2) How can we get Fox's case adjudicated in a federal court?
(3) How would you advise Fox to proceed?