Chapter 2 Flashcards
Who brings the action in a civil suit?
Plaintiff
Who brings the action in a criminal suit?
State via District Attorney or the Feds
What is the burden of proof for a civil suit?
Majority of the members of the jury by 51% or more that the plaintiff should win
What is the burden of proof for a criminal suit?
All of the jury by 90% or more that the defendant is guilty
How do you obtain in personam jurisdiction?
the state must have a suitable long arm statute and the party must be given notice.
What are the three minimal contacts?
Physical Presence + Domiciliary + Long Arm Statute
What does physical presence mean?
You can sue the defendant where he/she is physically present
Physical Presence cannot be obtained by
Fraud- the plaintiff can’t tell a lie to get the defendant to come into the state
Domiciliary means
You can sue the defendant where he/she has a home
Significance of Rem Jurisdiction
the plaintiff can sell the defendant’s house to pay for the lawsuit called a force sale
Residency is
where you are staying
Long Arm Statute
You can sue the defendant where he/she committed a tort or entered into a contract
What is a tort?
A civil wrong
Long Arm Statue applies when
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
Articles of Incorporation
to start a corporation, you must file this
