Jurisdiction in Louisiana Law

<p>There is no interruption of prescription. (D)</p> Signup and view all the answers

<p>Plaintiff's case lacks substantial evidence. (C)</p> Signup and view all the answers

<p>The petitioner must provide a reason for the emancipation. (C)</p> Signup and view all the answers

<p>The judgment must be recorded in conveyance records. (D)</p> Signup and view all the answers

<p>The individual's ability to make consistent decisions. (A)</p> Signup and view all the answers

<p>If the defendant retains their own attorney. (D)</p> Signup and view all the answers

<p>To examine the defendant and present findings to the court. (A)</p> Signup and view all the answers

<p>A new trial motion (C)</p> Signup and view all the answers

<p>If the verdict is clearly contrary to the law (A)</p> Signup and view all the answers

<p>Fraud or ill practice (C)</p> Signup and view all the answers

<p>Within 1 year of discovery (D)</p> Signup and view all the answers

<p>When there is manifest error (C)</p> Signup and view all the answers

<p>To review a judgment of a court of appeal (C)</p> Signup and view all the answers

<p>Within a reasonable time not exceeding 30 days from the date of the ruling (A)</p> Signup and view all the answers

<p>Heirs, surviving spouse, or legatees (C)</p> Signup and view all the answers

<p>The court lacking subject matter jurisdiction (D)</p> Signup and view all the answers

<p>The name and address of the creditor (D)</p> Signup and view all the answers

<p>10 years (C)</p> Signup and view all the answers

<p>Estate valued at $125,000 or less with no immovable property other than (C)</p> Signup and view all the answers

<p>180 days (B)</p> Signup and view all the answers

<p>The petition is deemed abandoned (D)</p> Signup and view all the answers

<p>Legal tutor (B)</p> Signup and view all the answers

<p>Mismanagement of minor's property (D)</p> Signup and view all the answers

<p>Parish of its registered office (A)</p> Signup and view all the answers

<p>Parish of the plaintiff's domicile (B), Parish where the service was made (D)</p> Signup and view all the answers

<p>Where the damages were sustained or conduct occurred (A), Parish of the defendant's domicile (D)</p> Signup and view all the answers

<p>Venue is where the plaintiff is domiciled (A)</p> Signup and view all the answers

<p>Parish of the corporation's or association's domicile (A)</p> Signup and view all the answers

<p>Parish of proper venue as to the defendant (B)</p> Signup and view all the answers

<p>It can transfer a suit for convenience if venue is proper (D)</p> Signup and view all the answers

<p>No suit brought in the plaintiff's domicile may be transferred on forum non conveniens grounds (D)</p> Signup and view all the answers

<p>When an issue triable by jury is present (C)</p> Signup and view all the answers

<p>9 must concur (C)</p> Signup and view all the answers

<p>If the juror fails to meet legal qualifications (C)</p> Signup and view all the answers

<p>7 days after notice of judgment signing (B)</p> Signup and view all the answers

<p>When the motion for summary judgment is granted (C)</p> Signup and view all the answers

<p>Prepare and submit judgment for signature (B)</p> Signup and view all the answers

<p>Valid peremptory grounds (D)</p> Signup and view all the answers

<p>Only if requested by a party within 10 days (D)</p> Signup and view all the answers

<p>Evidence favoring the moving party is overwhelming (C)</p> Signup and view all the answers

<p>To amend a final judgment without a new trial (D)</p> Signup and view all the answers

Court procedure where multiple cases with similar issues are combined into one case for efficiency and to avoid conflicting rulings. It should not be ordered if it causes confusion, disadvantage, or prevents a fair trial.

A delay in a court proceeding due to circumstances like a missing witness. The party requesting the continuance must prove the witness is absent without their doing.

A court's decision to dismiss a case without the plaintiff's consent. It can happen if the plaintiff fails to appear at trial, fails to prove their case, or if the defendant is not served with a citation within 90 days.

A court procedure where a party can request to dismiss their own case before a judgment is rendered. The dismissal can be reinstated within 60 days if there is a pending settlement.

A witness who is crucial in a case. Their absence can be a reason for a continuance of the case.

A motion filed within 7 days of the judgment being signed, excluding holidays, to request a new trial. Grounds include a verdict contrary to law, newly discovered evidence, or juror misconduct.

An appeal that asks a higher court (Court of Appeal) to review the decision of a lower court (trial court).

A formal request for a higher court (Court of Appeal) to review the actions or lack of actions of a trial court.

A process where a final judgment can be canceled or reversed if it was obtained unfairly through fraud or manipulation.

A process where a final judgment can be canceled or reversed due to legal flaws in how it was reached.

The parish of the corporation's registered office is the proper venue for a lawsuit against a domestic corporation.

The parish where a foreign corporation's principal place of business is located is the proper venue for a lawsuit against it. If the corporation is not licensed to do business in Louisiana, the venue can be the parish of the plaintiff's domicile or where service is made.

The standard used to determine the credibility of witnesses and the validity of evidence in a new trial motion, allowing the judge to make independent judgments.

Venue for a lawsuit against a joint or solidary obligor can be proper in any parish where one of the defendants resides.

Appellate courts can review both facts and legal arguments presented in a case.

Fact findings made by a judge or jury are unlikely to be changed unless there is significant error.

Suits involving torts (wrongful acts) can be filed in the parish where the damages were sustained, where the wrongful conduct occurred, or where the defendant resides.

Venue for suits on open accounts, promissory notes, and insurance policies can be based on where the account was created, the service was performed, the debtor's domicile, where the note was executed, the deceased's domicile, the beneficiary's domicile, or the insured's domicile.

If a lawsuit is against a person with a business office and the matter falls under that office's supervision, the venue can be the parish where the office is located.

If the lawsuit is based on Louisiana's Long Arm Statute, the venue can be the parish where the plaintiff resides.

Forum non conveniens allows a court to transfer a suit to another parish with proper venue if it's more convenient for the parties, witnesses, and serves the interests of justice. However, a suit originally filed in the plaintiff's domicile cannot be transferred on this ground.

A legal process where a judge decides if a person is incapable of making their own decisions due to inability. Court may appoint someone to manage their affairs.

The court's location for interdiction cases is where the person lives.

The court may appoint an attorney to represent the person being interdicted. This is done if the person doesn't have one.

The court can appoint an examiner to evaluate the person being interdicted to assess their mental capacity.

A legal process for a minor to become legally independent from parents or guardians. Court determines if it's in the minor's best interest.

A court-ordered allowance for maintenance given to an heir, surviving spouse, or legatee, provided that the court finds it necessary and the advances are within the amount ultimately due them.

A written proof of claim that a creditor delivers to the succession representative to suspend prescription. This must be done within 10 years and must include certain information like creditor's name, address, amount claimed, and factual basis.

A succession proceeding for estates valued at $125,000 or less, with no immovable property other than a homestead, and only a surviving spouse as heir.

The parish where either party resides or the parish of the last matrimonial domicile.

A period required for living separate and apart before filing for divorce based on specific grounds. It's 180 days if the marriage is childless and no felony or abuse occurred. It's 365 days if the couple has minor children.

Types of Tutorship

A procedure for divorce where the minimum time period for separation hasn't been met. It involves several steps and can be deemed abandoned if the rule to show cause is not filed within two years.

Grounds for Removal of a Tutor

A right to a jury trial applies in all cases, with a few exceptions. These exceptions include cases where the amount in controversy for an individual doesn't exceed $10,000, suits on promissory notes unless forgery, fraud, error, or failure of consideration is claimed, and family law matters like custody, visitation, alimony, and child support.

A request to have your case decided by a jury must be made within ten days of filing your pleadings, which are the documents that argue your case. This allows for proper preparation and scheduling.

A peremptory challenge lets you remove a potential juror without giving a reason, but you only get a limited number. The number of peremptory challenges depends on the size of the jury and whether there are multiple parties involved in the case.

You can challenge a potential juror 'for cause' if they aren't qualified, are not impartial (have formed an opinion), have a relationship that could influence them, have been on a case with similar facts, or refuse to answer questions on voir dire. This challenge can be used until the evidence is presented in the case.

In a 12-person jury trial, a unanimous decision is preferred. However, only 9 out of 12 jurors need to agree on a verdict for a decision. In a 6-person jury trial, 5 out of 6 jurors must agree.

A directed verdict is a request by a party to have the case decided in their favor before the jury begins deliberations. The standard for granting a directed verdict is if the evidence so overwhelmingly favors the moving party, that no reasonable person could conclude otherwise.

A JNOV is a request for the judge to overturn a jury's verdict. It's a last-ditch effort for the losing party, similar to a directed verdict, but it occurs after the jury verdict is reached. The standard is the same as for a directed verdict: whether the evidence overwhelmingly favors one party.

Remittur and additur are remedies used when the amount of damages awarded by a jury is deemed excessive or inadequate. The judge can either reduce (remittitur) or increase (additur) the damages, allowing for a fair result without requiring a new trial.

A final judgment is the court's final decision in a case. It can be amended to correct calculation errors or change the wording. However, it cannot be modified to overturn the substance of the judgment.

A partial judgment is a decision on a part of a legal claim. It doesn't resolve the entire case but deals with specific issues or theories, and it normally does not become final until the court makes a determination that there is no just reason to delay.