Chapter 2

Question 1

Who brings the action in a civil suit?

Answer 1

Plaintiff

Question 2

Who brings the action in a criminal suit?

Answer 2

State via District Attorney or the Feds

Question 3

What is the burden of proof for a civil suit?

Answer 3

Majority of the members of the jury by 51% or more that the plaintiff should win

Question 4

What is the burden of proof for a criminal suit?

Answer 4

All of the jury by 90% or more that the defendant is guilty

Question 5

How do you obtain in personam jurisdiction?

Answer 5

the state must have a suitable long arm statute and the party must be given notice.

Question 6

What are the three minimal contacts?

Answer 6

Physical Presence + Domiciliary + Long Arm Statute

Question 7

What does physical presence mean?

Answer 7

You can sue the defendant where he/she is physically present

Question 8

Physical Presence cannot be obtained by

Answer 8

Fraud- the plaintiff can’t tell a lie to get the defendant to come into the state

Question 9

Domiciliary means

Answer 9

You can sue the defendant where he/she has a home

Question 10

Significance of Rem Jurisdiction

Answer 10

the plaintiff can sell the defendant’s house to pay for the lawsuit called a force sale

Question 11

Residency is

Answer 11

where you are staying

Question 12

Long Arm Statute

Answer 12

You can sue the defendant where he/she committed a tort or entered into a contract

Question 13

What is a tort?

Answer 13

A civil wrong

Question 14

Long Arm Statue applies when

Answer 14

someone commits a tort in a state where they don’t live but the state they committed the tort has jurisdiction through long arm statute

Question 15

Articles of Incorporation

Answer 15

to start a corporation, you must file this

Question 16

Foreign Corporation

Answer 16

A corporation that is domesticated in a state but does business in another state

Question 17

Renegade Corporation

Answer 17

A corporation that never files its papers in the state its in

Question 18

Ramifications of being Renegade

Answer 18

The corporation is illegal and contracts are unenforceable

Question 19

Alien Corporation

Answer 19

Corporation started outside of the USA that must file papers in each state it does business

Question 20

Four Types of Service of Process

Answer 20

Personal Delivery, Delivery Upon a Family Member or Agent, Nail and Mail Service, Designated Agent

Question 21

Delivery Upon a Family Member or Agent is called

Answer 21

Substituted Service

Question 22

Nail and Mail Service means

Answer 22

Affixation to a persons home or mail to last address