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MMLU-Pro / 1529 / A patient domiciled in State A sued a surgeon domiciled in State B in a federal…

Problem

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question

A patient domiciled in State A sued a surgeon domiciled in State B in a federal court in State A, alleging claims for malpractice. The surgeon moved to dismiss the action for lack of personal jurisdiction. The court denied the motion and set discovery cutoff and trial dates. The surgeon has appealed the denial of the motion. Should the appellate court hear the merits of the surgeon's appeal?

category

law

options

  1. No, because the district court's decision on jurisdiction is final.
  2. No, because the trial dates have already been set.
  3. Yes, because the federal court in State A may have been biased.
  4. Yes, because the surgeon's livelihood is at risk.
  5. No, because the patient's right to sue is protected by the constitution.
  6. No, because the appellate court lacks jurisdiction over the appeal.
  7. No, because the surgeon should have filed a motion in State B.
  8. Yes, because a contrary appellate decision could terminate the action.
  9. Yes, because the surgeon has the right to appeal any court decision.
  10. Yes, because the surgeon's personal- jurisdiction challenge raises a constitutional question.

src

ori_mmlu-professional_law

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