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LOUISIANA BAR EXAMINATION TEST COMPLETE QUESTIONS AND ANSWERS FULL SOLUTION VERIFIED

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LOUISIANA BAR EXAMINATION TEST COMPLETE QUESTIONS AND ANSWERS FULL SOLUTION VERIFIED

Institution
LOUISIANA BAR
Course
LOUISIANA BAR

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LOUISIANA BAR EXAMINATION TEST
COMPLETE QUESTIONS AND ANSWERS
FULL SOLUTION VERIFIED

●● 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

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Institution
LOUISIANA BAR
Course
LOUISIANA BAR

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Uploaded on
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Number of pages
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Written in
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