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Terms in this set (202)
Subject Matter Jurisdiction the legal power and authority of a court
to hear a particular class of actions or
proceedings based on the object of
demand, the amount in dispute, or the
value of the right asserted
Parish, City, and Justice of the Peace courts have NO 1. Immovable Property
JURISDICTION over cases involving (6): 2. Plaintiff aserts CIVIL/POLITICAL
RIGHTS under the FEDERAL/STATE
CONSTITUTIONS
3. Claim for ANNULMENT of marriage,
Divorce, Seperation of Property, or
Alimony
4. Succession/interdiction/receivership/
liquidation/habeas corpus/quo warranta
proceedings
5. The State, a parish, or other political
corporation is a DEFENDANT
6. Any others EXCEPTED from the jurisdiction of
these courts by law
,Jurisdiction (generally) refers to the legal authority of a court to hear
an action or proceeding involving the legal
relations of the parties and to grant the relief
entitled. Governed by LA Code of Civil
Procedure
Trial Courts of Limited Jurisdiction (most tested) 1. Parish Courts
2. City Courts
Eviction Proceedings and Trial Courts of Limited Parish, City, and Justice of
the peace courts also have CONCURRENT jurisdiction Jurisdiction (Parish, City,
Justice of the Peace Courts) with district courts over eviction proceedings
regardless of the amount of rent in
dispute
Parish Courts Parish courts have CONCURRENT
jurisdiction with the district courts in cases
where the amount in dispute or the value
of the property involved does NOT exceed
$20k (w/ some exceptions)
City Courts City courts have CONCURRENT jurisdiction
with district court cases where the amount
in dispute/value of the property involved
does NOT EXCEED $15K (w/ some
, exceptions)
For CITY COURTS SPECIFICALLY, do CITY COURTS have NO.
jurisdiction over cases involving
tutorship, curatorship,
emancipation, or partition? (Y/N)
Can Parish, City, or Justice of the
peace courts have jury
NO. trials?
A parish or city court has subject matter jurisdiction over It does not. If
the court has SMJ over the main demand, it may exercise jurisdiction the main
demand. How does the amount in dispute affect over any related
incidental demand, regardless of the amount in dispute.
the court's jurisdiction over related incidental demands?
A parish or city court has subject matter jurisdiction over No.
Although a parish or city court generally has jurisdiction over related
the main demand, but a defendant files a compulsory incidental
demands regardless of amount, if a compulsory reconventional
reconventional demand that exceeds the court's demand exceeds the court's
jurisdiction, the court must transfer the entire action
monetary jurisdiction. Does the court retain
jurisdiction to a court of
proper jurisdiction. over the entire case?
District Courts Have ___________ jurisdiction. Original, general jurisdiction.
, The Supreme Court has original jurisdiction over_________...? Admission and
Disciplinary Proceedings against members of the bar
When does Supreme Court have Appeal of Right? 1) Constitutionality of a Statute and
2) Criminal Death Penalty Cases
Personal Jurisdiction [Definition]Personal jurisdiction is the legal power of a
court to render a personal judgement agasint
a party
A court may obtain personal jurisdiction based upon (5): 1) Service of Process
on the Defendant or his Agent for Service of Process
2) Service of Process on an Attorney at
Law (curator ad hoc appointed to
represent LA domicilliary who is
absent/incompetent/nonresident)
3) Court must appoint counsel at law to
represent the defendant (done on ex parte
motion by plaintiff)
4) consent to jurisdiction (submit to juris. or fail
to timely file declinatory exception of lack of
PJ)
5) Long-Arm jurisdiction (authorizes
jurisdiction over nonresident bassed on