1. Use this fact pattern to answer this question and questions 2 - 5. Henry Sampson, a professional football player, punched and choked his coach, A.J. Bird during a game held in Texas. Because of the incident A.J. incurred $120,000 of medical expenses and intends to file a tort lawsuit based on state law against Henry for his damages. A.J. is also asking for $1,000,000 for all the emotional distress the incident caused him. Henry is a resident of Alabama and Bird is a resident of Texas. Which of the following courts will have subject matter jurisdiction over Bird's lawsuit against Henry?

a. a Federal District Court.

b. an Texas State Trial Court

c. an Alabama State Trial Court.

d. b and c.

e. all of the above.

2. Since Henry is a resident of Alabama the only way an Texas court may obtain personal jurisdiction

over Henry is if Henry is served while he is physically in Texas.

a. true,

b. false.

3. Morris, who is a big fan of A.J. Bird is outraged over Henrys behavior. Morris decides to file his own lawsuit

against Henry to show his support of A.J. Will Morris be successful in the lawsuit?

a. No because he does not have venue.

b. No because he does not have standing.

c. Yes, as long as Morris really was upset by Henrys actions.

d. Yes, but only if A.J. decides NOT to go forward with his own lawsuit.

4. Henry believes any jury in Alabama or Texas will be biased against him because so many people in each

state are big fans of A.J. In this situation, Henrys attorney should file a motion for:

a. a change of jury.

b. a change of jurisdiction.

c. a change of venue.

d. a change of standing.

5. Assume A.J. wins the lawsuit but the jury only awards him $120,000. A.J. would like to file an appeal on the

basis that the jury made a mistake when it assessed how upset he was over the incident. . A.J. thinks the jury

did not believe his testimony with respect to how much emotional distress he suffered because A.J.

did not want to cry on the witness stand. Would this be the basis of a successful appeal?

a. No, because only the party losing the case can file an appeal.

b. No, because appellate courts only review questions of law, not factual questions.

c. Yes, because fairness dictates that A.J. should be able to have a higher court assess his emotional distress.