2026 COMPLETE QUESTIONS AND ANSWERS
◉ venue for actions for compensation for wrongful conviction
Answer: parish of EBR
◉ Venue for long arm statute Answer: where plaintiff is domiciled or
in any parish of proper venue
◉ Proper venue for class action Answer: Parish of proper venue as
to the defendant
◉ Proper venue for derivative action of shareholder, partner, or
member Answer: proper venue as to the corporation or
unincorporated association
◉ Proper venue for nonresident attachment Answer: where the
attached property is located
◉ Proper venue for actins against the state or political subdivision
Answer: Where the state capitol or political subdivision is located or
district court having idx in the parish where coause of action arises
,◉ What's the shorthand way to remember venue? Answer: Where
the property is located, where the events happened, or where the
defendant is located.
◉ what happens if venue is improper? Answer: suit may be
dismissed or in the interest of justice transferred to a curt of proper
venue. Filing suit in the wrong venue will serve to interrupt
prescription if service is made within the prescription period
◉ What's forum non conveniens? Answer: allows a court to transfer
a suit, though venue is a proper, to a parish where suit may have
been brought, if necessary for the convenience of parties and
witnesses and I in the interest of justice. If there is a more
appropriate venue out of state, LA can dismiss the suit. A Suit
brought in the plaintiff's domicile where venue is proper, cannot be
transferred for this.
◉ When can venue not be waived? Answer: in cases where subject
matter involves (1) an action to annul a prior judgment rendered by
the trial court; (2) succession actions, which may be brought in the
domicile of the decedent; (3) annulment or divorce actions; (4)
emancipation; (5) tutorship action, (6) interdiction
◉ When must a judge or appellate court be recused? Answer: when
he is a potential witness, has been employed or consulted as an
attorney in the cause, or participated in the representation of the
,cause, is related by blood or marriage to the party, or is otherwise
biased, prejudiced, for interested in the cause
◉ When can a judge or appellate court be recused? Answer: When
he has been associated with an attorney appearing in the cause; an
attorney represents the judge; the judge has performed a juridical
act in the case in another court, or if there is a relationship between
the judge and an attorney appearing before him that would prevent
him from being fair and impartial
◉ What is the procedure for a recusal? Answer: on his own motion,
or motion of a party or refer to another judge in the district.
◉ What's direct contempt? Answer: immediate view and presence of
the court or failure to comply with a summons or subpoena. Penalty
may include $100 and one day in jail
◉ Constructive contempt Answer: willful disobedience of court
order, deceit by a party or his attorney, and improper interference
with a juror or witness. $1k fine and 6 months I jail following a
hearing after 48 hour notice
◉ What is an attorney's obligation as officer of the court? Answer:
conduct himself w decorum consistent with the dignity and
authority of the court, treat others in court with due respect, not
interrupt opposing counsel or impede proceedings, and not
, knowingly encourage or produce false evidence. Violation is
punishable as contempt of court
◉ Res Judicata Answer: A party shall assert al causes of action
arising out of the transaction or occurrence that is the subject
matter of the litigation
◉ Abatement and debts of decedent Answer: action doesn't abate on
death of the party unless it is strictly personal right or obligation.
creditors can seek a reclaim for decedent's heirs debts owed by a
decedent.
◉ When can a plaintiff cumulate actions against the same
defendant? Answer: if within the court's jurisdiction and brought in
proper venue and are mutually consistent and employ the same
form of procedure
◉ Lis pendens Answer: when two or more suits are pending in more
than one court on the same transaction or occurrence between the
same parties in the same capacities, all but the first suit must be
dismissed, for if the defendant doesn't except the final judgment
shall be inclusive of all
◉ Abandonment Answer: if at any stage of a proceeding, three years
pass without either step taking any steps, (not depot, served
requests for production oof documents or interrogatories or