Jurisdiction in Louisiana Law

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is one reason cases may not be consolidated?

It involves multiple courts.

It lacks sufficient evidence.

It conflicts with prior cases.

It would lead to jury confusion. (correct)

Under what condition can a party successfully prevent a continuance due to an absent witness?

By requesting an oath disclosure of the expected testimony. (correct)

By providing proof of the witness's prior testifying credibility.

By agreeing to reschedule the trial.

By demonstrating the witness's absence was intentional.

Which scenario allows for involuntary dismissal of a case?

The plaintiff has shown a right to relief.

A jury is not present during trial.

The plaintiff is absent without notice. (correct)

The defendant files for dismissal.

What happens if a case is involuntarily dismissed against a defendant who was not served?

There is no interruption of prescription. Signup and view all the answers

Which of these is NOT a ground for involuntary dismissal?

Plaintiff's case lacks substantial evidence. Signup and view all the answers

What is a requirement for a petition for emancipation to be considered valid?

The petitioner must provide a reason for the emancipation. Signup and view all the answers

What happens within 15 days of the signing of a judgment relating to emancipation?

The judgment must be recorded in conveyance records. Signup and view all the answers

In the process of interdicting an individual, what must the court determine?

The individual's ability to make consistent decisions. Signup and view all the answers

When can a court discharge an appointed attorney for a defendant in an interdiction case?

If the defendant retains their own attorney. Signup and view all the answers

What role does an examiner play in the interdict process?

To examine the defendant and present findings to the court. Signup and view all the answers

What must be filed within 7 days from the notice of the signing of the judgment?

A new trial motion Signup and view all the answers

Under what circumstance may a new trial be granted?

If the verdict is clearly contrary to the law Signup and view all the answers

Which of the following grounds can lead to annulment for vices of substance?

Fraud or ill practice Signup and view all the answers

When must a suit to annul for vices of substance be brought?

Within 1 year of discovery Signup and view all the answers

In what circumstances can appellate courts review findings made by a judge or jury?

When there is manifest error Signup and view all the answers

What is a writ of certiorari used for?

To review a judgment of a court of appeal Signup and view all the answers

What is the time frame within which a supervisory writ must be filed?

Within a reasonable time not exceeding 30 days from the date of the ruling Signup and view all the answers

Who is entitled to a reasonable periodic allowance for maintenance from the succession if the succession is sufficiently solvent?

Heirs, surviving spouse, or legatees Signup and view all the answers

Which of the following indicates a proper venue for an action for nullity?

The court lacking subject matter jurisdiction Signup and view all the answers

What must be included in the formal written proof of claim delivered to the succession representative?

The name and address of the creditor Signup and view all the answers

What is the maximum duration a creditor can suspend prescription against their claims?

10 years Signup and view all the answers

Under what conditions does the small succession provision apply?

Estate valued at $125,000 or less with no immovable property other than Signup and view all the answers

What is the required separation period for a divorce when the couple has no children and no allegations of wrongdoing?

180 days Signup and view all the answers

What must happen if a rule to show cause is not filed within 2 years of serving the petition for divorce?

The petition is deemed abandoned Signup and view all the answers

Which type of tutor is appointed by a court from among the relatives of a minor?

Legal tutor Signup and view all the answers

What grounds can lead to the removal of a tutor?

Mismanagement of minor's property Signup and view all the answers

For a domestic corporation, what is the proper venue for a lawsuit?

Parish of its registered office Signup and view all the answers

In which parish can a lawsuit against a foreign corporation not licensed to do business in Louisiana be filed?

Parish of the plaintiff's domicile Signup and view all the answers

For tort suits, where is the proper venue for filing the lawsuit?

Where the damages were sustained or conduct occurred Signup and view all the answers

What does the LA Long Arm Statute state regarding venue?

Venue is where the plaintiff is domiciled Signup and view all the answers

In a derivative suit, where should the venue be established?

Parish of the corporation's or association's domicile Signup and view all the answers

In a class action suit, how is the proper venue determined?

Parish of proper venue as to the defendant Signup and view all the answers

What is the significance of forum non conveniens in venue selection?

It can transfer a suit for convenience if venue is proper Signup and view all the answers

What is a unique characteristic of venue regarding the plaintiff's domicile?

No suit brought in the plaintiff's domicile may be transferred on forum non conveniens grounds Signup and view all the answers

Which conditions allow for a request for a jury trial?

When an issue triable by jury is present Signup and view all the answers

What is the required concurrence for a verdict in a jury of 12?

9 must concur Signup and view all the answers

When can a challenge for cause be made against a juror?

If the juror fails to meet legal qualifications Signup and view all the answers

What is the filing period for a Judgment Notwithstanding the Verdict?

7 days after notice of judgment signing Signup and view all the answers

Under which circumstance can a partial final judgment be rendered?

When the motion for summary judgment is granted Signup and view all the answers

What must juries do within 10 days of a verdict regarding judgment preparation?

Prepare and submit judgment for signature Signup and view all the answers

What is required for a motion for a new trial to be granted?

Valid peremptory grounds Signup and view all the answers

In which situations does the court have to issue written findings of fact?

Only if requested by a party within 10 days Signup and view all the answers

What is the standard for granting a directed verdict?

Evidence favoring the moving party is overwhelming Signup and view all the answers

What is the effect of a remittur or additur?

To amend a final judgment without a new trial Signup and view all the answers

Study Notes

Jurisdiction

Subject Matter Jurisdiction: Legal power to hear a case, based on the type of action, the value of the claim, and the object of the demand.
Parish and City court jurisdictional limitations: Cannot hear cases involving title to immovable property; rights to public office; civil rights; political rights; annulment of marriage, divorce, etc.; succession; and interdiction.
City courts: Limited jurisdiction (generally $15k or $20k cap in parish courts).
Parish courts: Jurisdictional cap generally $20k
Personal Jurisdiction: A court's authority over a non-resident defendant, in a particular case. The case's maintenance must not violate traditional notions of fair play and substantial justice
Long Arm Statute: Louisiana courts can exercise specific personal jurisdiction over non-residents in certain transactions or actions arising from: transacting business; contracting; causing injury; manufacturing products causing damages; and causing injury outside LA if the defendant conducts business in LA

Venue

Individual domiciled in Louisiana: Parish of domicile
Non-domiciliary resident: Parish of residence
Domestic corporation: Parish of registered office
Foreign corporation (licensed to do business in LA): Parish of principal place of business or registered office (otherwise, parish of plaintiff's domicile)
Foreign corporation (not licensed to do business in Louisiana): Parish of plaintiff's domicile or where service is made
Partnership/Unincorporated association: Parish of principal place of business

Venue-Suits

Joint/Solidary obligors: Venue in parish of any defendant's domicile, or where the plaintiff is domiciled if one defendant is an insurer.
Tort suits: Venue in parish where the damage occurred, or where the defendant is domiciled
Actions on open accounts or promissory notes: Parish where the account was created, service performed, or where the debtor was domiciled
Contract suits: Parish where the contract was executed, or where work or services were performed, including cases where the contract involved business operations in a particular parish, where the defendant has an office supervising business location.

Procedural Matters

Jurisdictional waiver: Implicit or explicit waiver of venue is not allowed in certain cases (usually those where proper venue is needed for all legal actions needed in the case to take place)
Cumulations of actions: Multiple actions against the same defendant can be joined if they are (1) within the court's jurisdiction and are presented in the same manner, and (2) are mutually consistent
Lis Pendens: Exception to a claim where another case involves the same parties and issues that are active in the court filing jurisdiction.

Procedural Matters-General

Forum Non Conveniens: a court may transfer a case to another court considered more suitable for the convenience of the involved parties and for justice to be served.
Res Judicata, or Pre-emptory exceptions: exceptions that can be raised in a legal dispute when a particular issue has already been decided in a prior lawsuit involving similar parties, or is a matter of prior judgment. This principle aims to avoid litigation over matters already decided to avoid redundancy in resolution.
Abandonment, for lack of prosecution: a filing or a set of pleadings that has gone without legal activity in an intervening period of time.

Class Actions

Conditions for a class action: Numerosity, commonality, typicality, adequacy of representation, and objectively defined class
Derivative actions: A suit brought by some shareholders on behalf of the company for issues that affect the whole company.

Joinder

Required joinder: When a person required to be joined as a party is not able to be joined as a participant for some reason, the court must decide whether to proceed with the active parties involved, or dismiss the case entirely.

Procedural Matters - general

Motions: Judgments in summary proceedings, motions for a judgment on the pleadings
Amendment of pleadings: allows for revisions of the pleadings to reflect any new developments

Procedural Matters-Discovery

Expert Reports: Experts reports must be filed a certain amount of time prior to trial, experts must be qualified.
Interrogatories: written questions submitted to opposing parties for answers, 35 questions maximum at a time
Requests for admissions: written requests to accept or deny certain statements or allegations, 30 days from the date of notice
Deposition: legal record of sworn testimony given in response to questions posed by both sides in a trial, for example, witness statements or expert testimonies
Discovery scope: must not be privileged or irrelevant to the issue before court.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

Explore the various aspects of jurisdiction within Louisiana law, including subject matter jurisdiction, personal jurisdiction, and the specific limitations of parish and city courts. This quiz will test your understanding of the legal principles that govern the authority of courts to hear cases.