QUESTIONS WITH SOLUTIONS GRADED A+
◉ What's the jurisdiction of parish courts? Answer: the amount in
dispute or the value of the property involved doesn't exceed $20k
with some exceptions
◉ What's the jurisdiction of city courts? Answer: the amount in
dispute or the value of the property involved doesn't exceed $15k
with some exceptions
◉ What's the jurisdiction for justice of the peace courts? Answer:
the amount in dispute doesn't exceed $5k
◉ What kind of jurisdiction do district courts have? Answer:
original, general jurisdiction
◉ What does the supreme court have jurisdiction over? Answer:
original jurisdiction over admission and disciplinary proceedings
against members of the bar. Appeal of right exists for
constitutionality of statutes and criminal death penalty cases.
◉ What's personal jurisdiction? Answer: Legal power of a court to
render a personal judgment against a party
,◉ How can a court have personal jurisdiction? Answer: Service of
process on the defendant or his agent for service of process, service
oof process on an attorney at law, court must appoint counsel at law
to represent the defendant, consent to jdx, long arm statute.
◉ What is the test for long arm statute? Answer: the nonresident
defendant must have certain minimum contacts with the forum state
such that the maintenance of the suit doesn't offend the traditional
notions of fair play and substantial justice.
◉ How is minimum contacts satisfied? Answer: if the defendant has
purposefully directed activities at forum residents. Once this has
been established, the burden shifts to the defendant to prove
unfairness, inconvenience or local prejudice. The factors are: burden
on the defendant, state's interest in the dispute, the plaintiff's
interest in obtaining relief, the judicial system's interest in efficient
resolution, and the state's interest in substantive social policies
◉ An LA court may exercise IPJ over a nonresident who acts directly
or by agent to cause of action arising from what? Answer:
transacting any business in LA, contracting to supply services or
things in LA, causing injury or damage by an offense or quasi-offense
committed through an act or omission in LA, causing injury or
damage in LA by an act or omission outside LA if the nonresident
regularly does or solicits business, engages in any other persistent
course of conduct in LA, or derives substantial revenue from goods
,used or consumed or services rendered in LA, having an interest in
using, possessing, a real right to immovable property in LA,
nonsupport of a child, parent, spouse, or former spouse domiciled in
LA to whom an obligation of support is owed and w whom the
nonresident formerly resided in LA, parentage and support of a child
who was conceived by a nonresident while he was in LA,
manufacturing a product or component thereof which caused
damage or injury in LA, or any other basis permitted by LA and US
constitutions
◉ What's in rem jurisdiction? Answer: the legal power of a court to
enforce a right in, to, for against property having a situs in LA,
claimed or owned by a nonresident
◉ What's quasi-in-rem jurisdiction? Answer: legal power of a court
to render a money judgment against a nonresident not subject to
personal jurisdiction if the action is commenced by attachment of
his property in the state, and unless the defendant appears,
judgment may only be executed against the attached property
◉ What's the proper venue for a nonresident with agent for service
of process? Answer: parish of agent's PO Box address
◉ What's the proper venue for a nonresident without agent for
service of process? Answer: parish of plaintiff's domicile or where
service is made
, ◉ What's the proper venue for a domestic parish of its registered
office? Answer: parish of its registered office
◉ What's the proper venue for a foreign and licensed to do business
in the state? Answer: Parish of its principal business establishment
as designated in application to do business, or if no designation,
parish of the primary place of business
◉ What's the proper venue for foreign and not licensed to do
business in the state? Answer: Parish of plaintiff's domicile or where
service is made
◉ What's the proper venue for domestic insurers? Answer: Parish of
its registered office
◉ what's the proper venue for foreign or alien insurers? Answer:
EBR
◉ What's the proper venue for partnerships or unincorporated
associations? Answer: parish of its principal business establishment
◉ How long can Suit be filed in the parish of the old domicile after
the change of domicile? Answer: One year; def can cut this off by
filing a declaration of intent to change domicile