LOUISIANA BAR EXAM QUESTIONS AND ANSWERS
Natural Person (personality) - Answers - Natural personality commences from the
moment of live birth and terminates at death. Thus, one must be born alive, even if only
for an instant, to ever be a natural person
When does natural person status terminate? - Answers - Natural personality terminates
at death
Two means to terminate natural personality status/to determine death - Answers -
doctor's certification or judicial declaration
doctor's certification of death - Answers - General test for death is the irreversible
cessation of spontaneous respiratory and circulatory functions.
OR
If kept alive artificially, the test is irreversible total cessation of brain function.
What is a judicial person? - Answers - An entity to which law attributes personality is a
juridical person. States, municipalities, corporations, and partnerships that are distinct
and distinguishable from their members and are governed by provisions in their
charters, by-laws, and pertinent laws are juridical persons
What is marriage? - Answers - Marriage is a legal relationship between two people
created by civil contract.
What are the requirements for a valid marriage? - Answers - (1) Absence of Legal
Impediments
(2) Marriage Ceremony
(3) Mutual Consent of both Parties
What is a legal impediment in the context of a valid marriage? - Answers - 1) Preexisting
Marriage
2) Too closely related (relative within the four degree/first cousin or closer; marriage with
descendants or ascendants is not permissible)
Adopted Relatives are or are not treated like blood relatives in the context of a valid
marriage? - Answers - They are treated like blood relatives
Minors under___may not contract marriage. Minors__ or__ may not contract marriage
with a major when there is an age difference of __ years or more between them. -
Answers - 16, 16 or 17, 3
What is a qualified celebrant? - Answers - A marriage ceremony must be performed by a
third-party celebrant who is qualified, or who the parties reasonably believe is qualified
, What are the rules regarding attendance of the wedding by the parties? - Answers -
Both parties must attend the ceremony; marriage by procuration or proxy is prohibited
(that is, a party cannot be "present" merely through a representative)
True or False...if the officiant fails to comply with the following ceremonial formalities,
the marriage will still be valid? - Answers - True
The parties must __ consent during the ceremony. Consent cannot be - Answers -
verbally express, implied.
The parties' consent must be free from __. __ is a vice of consent (shotgun wedding,
threatening violence) - Answers - Duress, Duress
Persons who are not capable of discernment may not __. This is a vice of consent. This
includes __, __, and __. - Answers - Consent,
insanity, drunkenness, and mental retardation
Minors age 16 or 17 must have __ to marry and __ - Answers - judicial authorization,
the written consent of their parents, tutor, or custodian
Relative Nullity in the context of marriage - Answers - a marriage lacking consent may
be declared relatively null
Relatively null marriage is __ and produces __ until officially declared __ by the court
(NOT __) - Answers - valid, civil effects, null, automatic
Nullity of a marraige must be declared in a __ by the party whose consent was not free.
- Answers - judicial proceeding
A marriage cannot be declared null if the __ party later __ the marriage after recovering
his liberty or discernment. Cohabitation or __ is evidence of confirmation. (STILL CAN
HAVE DIVORCE; CANNOT RECEIVE ANNULMENT) - Answers - non-consenting,
confirmed, living together as spouses
A marriage is __ when contracted either: (i) in violation of __ or (ii) without a valid __ -
Answers - absolutely null, any impediment, marriage ceremony attended by both parties
The putative marriage doctrine applies when: - Answers - a marriage is absolutely null
((i) in violation of any impediment or (ii) without a valid marriage ceremony attended by
both parties.), and at least one of the spouses was in good faith in contracting the
marriage.
There are two non fault based divorces in LA: - Answers - 102 and 103.1
Natural Person (personality) - Answers - Natural personality commences from the
moment of live birth and terminates at death. Thus, one must be born alive, even if only
for an instant, to ever be a natural person
When does natural person status terminate? - Answers - Natural personality terminates
at death
Two means to terminate natural personality status/to determine death - Answers -
doctor's certification or judicial declaration
doctor's certification of death - Answers - General test for death is the irreversible
cessation of spontaneous respiratory and circulatory functions.
OR
If kept alive artificially, the test is irreversible total cessation of brain function.
What is a judicial person? - Answers - An entity to which law attributes personality is a
juridical person. States, municipalities, corporations, and partnerships that are distinct
and distinguishable from their members and are governed by provisions in their
charters, by-laws, and pertinent laws are juridical persons
What is marriage? - Answers - Marriage is a legal relationship between two people
created by civil contract.
What are the requirements for a valid marriage? - Answers - (1) Absence of Legal
Impediments
(2) Marriage Ceremony
(3) Mutual Consent of both Parties
What is a legal impediment in the context of a valid marriage? - Answers - 1) Preexisting
Marriage
2) Too closely related (relative within the four degree/first cousin or closer; marriage with
descendants or ascendants is not permissible)
Adopted Relatives are or are not treated like blood relatives in the context of a valid
marriage? - Answers - They are treated like blood relatives
Minors under___may not contract marriage. Minors__ or__ may not contract marriage
with a major when there is an age difference of __ years or more between them. -
Answers - 16, 16 or 17, 3
What is a qualified celebrant? - Answers - A marriage ceremony must be performed by a
third-party celebrant who is qualified, or who the parties reasonably believe is qualified
, What are the rules regarding attendance of the wedding by the parties? - Answers -
Both parties must attend the ceremony; marriage by procuration or proxy is prohibited
(that is, a party cannot be "present" merely through a representative)
True or False...if the officiant fails to comply with the following ceremonial formalities,
the marriage will still be valid? - Answers - True
The parties must __ consent during the ceremony. Consent cannot be - Answers -
verbally express, implied.
The parties' consent must be free from __. __ is a vice of consent (shotgun wedding,
threatening violence) - Answers - Duress, Duress
Persons who are not capable of discernment may not __. This is a vice of consent. This
includes __, __, and __. - Answers - Consent,
insanity, drunkenness, and mental retardation
Minors age 16 or 17 must have __ to marry and __ - Answers - judicial authorization,
the written consent of their parents, tutor, or custodian
Relative Nullity in the context of marriage - Answers - a marriage lacking consent may
be declared relatively null
Relatively null marriage is __ and produces __ until officially declared __ by the court
(NOT __) - Answers - valid, civil effects, null, automatic
Nullity of a marraige must be declared in a __ by the party whose consent was not free.
- Answers - judicial proceeding
A marriage cannot be declared null if the __ party later __ the marriage after recovering
his liberty or discernment. Cohabitation or __ is evidence of confirmation. (STILL CAN
HAVE DIVORCE; CANNOT RECEIVE ANNULMENT) - Answers - non-consenting,
confirmed, living together as spouses
A marriage is __ when contracted either: (i) in violation of __ or (ii) without a valid __ -
Answers - absolutely null, any impediment, marriage ceremony attended by both parties
The putative marriage doctrine applies when: - Answers - a marriage is absolutely null
((i) in violation of any impediment or (ii) without a valid marriage ceremony attended by
both parties.), and at least one of the spouses was in good faith in contracting the
marriage.
There are two non fault based divorces in LA: - Answers - 102 and 103.1
