Opinion Letter

November 17 , 2007Mr . Edward DavisPresident , Outdoor Artists , IncDear SirThis is in answer to the questions you inquired from our firmIt is to our commiserateing that your play along is incorporated under the virtues of the dry land of mom and straightaway you atomic number 18 seeking wakeless judicial decision as to certain legal issues and court legal actions in the put up of Rhode Island involving your comp any(prenominal) . We also understand that your accompany has non yet obtained a corroboration of means from the State of Rhode Island to transact trade at layabout its territory . These are the facts as we know them . Now we cook out our feelQ 1 . June 1 , 2007 social lion Mahony refused to earnings for services in whitethorn . What legal actions may be made for collectionIt is with regret to avow you that any legal action against Mr . social lion Mahony , as of this upshot , is non plausible because a external stomach transacting business in this solid ground (Rhode Island ) without a security of authority may not take refer a proceeding in any court in this state until it obtains a certificate of authority ( 15 .02 (a warning BUSINESS CORPORATION ACT . Your company is a foreign corporation as far as the State of Rhode Island is bear on because you are incorporated under the honors of mamma . And since you are a foreign corporation in the State of Rhode Island , you may not claim an action in its courts against Mr . Leo MahonyA jibe against Mr . Leo Mahony in the courts of Massachusetts is also not plausible because the courts of Massachusetts cannot obtain legal power over his someone since he is a resident of Rhode Island . A collection sheath is one which requires jurisdiction over the person of the defendant . Without such(prenominal) jurisdiction , t he court cannot proclaim an enforceable jud! gment against him .

This is a regrettable fact , tooHowever , the resolvent to this impediment is found in the very same law which gave you the impediment . The same law also enunciates , as it may be restated , that you may maintain a proceeding in any court IF YOU take in A security OF AUTHORITY from the State of Rhode Island . In the subsequently part of this opinion , we will discuss to you how to obtain such a certificate . It is a very simple performance . Suffice it to say for now that you have a restitution against Mr . Leo MahonyQ 2 . Jill - suing because of damaged drainage system , performed in landsc aping dutiesJill Lopez , unluckily , may maintain her damage suit against you because a state may constitutionally subject a foreign corporation which commits a tort wholly within the state to the jurisdiction of its courts for the purpose of determining liability for damages arising from such a tort (Smyth vs . Twin State overture Corporation (Vt . 1951 80A (2d )664 cited in W . H . BatesMichigan Law look back , Vol . 50 , No . 5 (Mar , 1952 , pp . 763-765 . This means that Ms . Jill Lopez may maintain a tort action against you in the courts of...If you requirement to becharm a full essay, order it on our website: BestEssayCheap.com

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