Louisiana Civ Pro

Jurisdiction

refers to the legal power and authority of the court to hear an action on proceeding involving legal relations of the parties and grant relief to which they are entitled

Subject Matter Jurisdiction (SMJ)

legal power and authority of court to hear a particular class of actions or proceedings based on object of the demand, the amount in dispute, of the value of the right asserted.

No

Can SMJ be conferred by consent?

Void

A judgement rendered by a court which lacks SMJ is ___________.

are not

When SMJ is based on the amount in dispute or value of the right asserted, interest court costs, attorney's fees, or penalties [are/are not] included.

parish courts

have concurrent jurisdiction with the district courts in chases where teh amount in dispute or the value of the property involved does not exceed $20,000, with some exceptions.

$20,000

Parish courts have concurrent jurisdiction with the district courts in chases where teh amount in dispute or the value of the property involved does not exceed $_________, with some exceptions.

City courts

have concurrent jurisdiction with the district courts in cases where the amount in dispute or the value of the property invloved does not exceed $15,000, with some exceptions

$15,000

City courts have concurrent jurisdiction with the district courts in cases where the amount in dispute or the value of the property invloved does not exceed $____________, with some exceptions

Justice of the Peacce Courts

have concurrent jurisdiction with district courts in cases where the amount in dispute does not exceed $5,000.

$5,000

Justice of the Peace Courts have concurrent jurisdiction with district courts in cases where the amount in dispute does not exceed $__________.

No

Do parish, city, and justice of the peace courts have jurisdiction in a case involving title to immovable property?

No

Do parish, city, and justice of the peace courts have jurisdiction in a case involving the right to publice office or position?

No

Do parish, city, and justice of the peace courts have jurisdiction in a case in which the plaintiff asserts civil or political rights under the federal or state constitutions?

No

Do parish, city, and justice of the peace courts have jurisdiction in a claim for annulment of marriage, divorce, seperation of property, or alimony?

No

Do parish, city, and justice of the peace courts have jurisdiction for a succession, interdiction, receivership, liquidation, habeas corpus proceeding?

No

Do parish, city, and justice of the peace courts have jurisdiction in a case in which the state, a parish, or other political corportation is a defendant?

City

__________ courts hvae no jurisdiction over cases involving tutorship, curatorship, emancipation, or partition.

adoption

Justice of the peace courts have no jurisdiction over the following matters:

I) __________, tutprship, emancipation, or partition

executory

Justice of the peace courts have no jurisdiction over the following matters:

II) _____________ proceedings

in rem or quasi in rem

Justice of the peace courts have no jurisdiction over the following matters:

III) _________ or ___________ proceedings

injuctions

Justice of the peace courts have no jurisdiction over the following matters:

IV) __________ proceedings

No

Are there jury trials in parish, city, or justice of the peace courts

incidental

When a parish or city court has SMJ over the main demance, it MAY exercise jurisdiction over any related __________ demand, regardless of the amoung in dispute in the ___________ demand (same answer for both blanks).

MAY

When a parish or city court has SMJ over the main demance, it _________ exercise jurisdiction over any related incidental demand, regardless of the amoung in dispute in the incidental demand..

complusory recovential

When a _______________ demand exceeds the courts jurisdiction for parish and city, the court MUST transfer the entire action to a court of proper jurisdiction.

transfer

When a complusory recoventional demand exceeds the courts jurisdiction for parish and city, the court MUST _________ the entire action to a court of proper jurisdiction.

district

____________ courts have original, general jurisidiction.

law

Courts of appeal may review and decide questions of _______ and questions of fact.

supreme court

has orginal jurisdiction over sdmission and displininary proceedings against members of the bar

constutionality

The Supreme court has appeal of right in certain cases: _________ of a statute and criminal death penatly cases.

criminal death penality

The Supreme court has appeal of right in certain cases: constitutionality of a statute and ______________ cases.

discrentionary supervisory

Supreme Court: All other cases are decided under the supreme court's ____________ jurisdiction, which extends over all courts, or by writ of centiorai to review a judgment of the court of appeal..

personal jurisdiction

Is the legal power of a court to render a personal judgment against a party, inpendent of any property owed by him.

defendant

A court may obtain personal jursidiction based upon:

1. service of process on the ____________ or his agent.

law

Agents for service of process may be expressly designated by teh defendant or impliedly appointed by ________.

secretary of state

The ______________ is impliedly appoined by law as agent for service of process for:

1. nonresident motor vehicle operators who use Louisiana roads

2. nonresident operators of watercraft in Louisiana

3. foreign or alien insurers transacting insurance business in Louisiana without a certificiate of authority.

attorney at law

A court may obtain personal jurisdiction based upon:

2. service of process on an _______________.

absent

Service of process on an attorney at law - referred to as a "curator ad hoc," an attorney at law may be appointed by the court to represent a Louisiana domicilliary who is ________, incompetent, or a nonresident.

counsel at law

A court may obtain personal jurisdiction based upon:

3. the court MUST appoint ________________ to represent the defendant.

status

PJ: The court MUST appoint counsel on the petition or ex parte written motion of the plaintiff whne the court has jurisdiction over the person or property of the defendant or over the _____________ involved.

no legal representative

The court MUST appoint counsel on the petition or ex parte written motion of the plaintiff whne the court has jurisdiction over the person or property of the defendant or over the status involved, and the defendant is one of the following:

1. nonresident or absentee not served with process OR

2. minor or incompetent with ____________.

consent

A court may obtain personal jurisdiction based upon:

4. __________ to jurisidiction.

declinatory exception

PJ consent to jurisdiction - the defendant may submit to the court's jurisdiction or do so by failure to timely file a __________________ of lack of personal jurisdiction.

Long arm jurisidiction

A court may obtain personal jurisdiction based upon:

5. __________

Long arm

PJ ________ statutes authorize personal jurisdiction over a nonresident who acts directly or by an agent as to a cause of action arising from of the following activities by the nonresident:

I) transacting any business in LA

II) contracting to supply services or things in LA

III) causing injury or damage by an offense or quasi-offense committed through an act or omission in LA

IV) causing injury or damage in LA by an act or omission outside of LA if the nonresident regulary does or solicits business in LA

V) have an interest in, using. or possessing a real right in immovable property in LA

VI) Nonsupport of a child, parent, spouse, or a former spouse domiciled in LA to whom an obligation of support is owed with whom the nonresident formerly resided in LA

VII) parentage and support of a child who was conveived by the nonresident while he was in LA

VIII) manufacturing of a product or compent thereof which caused damage or injury in LA

minimum contacts

Constitutional Limitations of Long Arm Personal Jurisidiction: Due process requires that in order to subject a nonresident to personal judgment, the defendant must have certain _____________ with the forum state suct that maintenance of the suit does not offend traditional notions of fair play and substantial justice.

purposefully directed activities

Long arm PJ: Minimum contacts is generally satisfied id the defendant has ____________ at forum residents.

unfairness

Long Arm PJ: Once minimum contacts has been established by the plaintiff, the burden shifts to the denfendant to prove _________, e.g., inconvience or local prejudice.

In rem

_____________ jurisidiction is the legal power of a court to enforce a right in, to, or against property having situs in LA, claimed or owned by a nonresident. It applies to movabl, immovable corporeal and incorporeal property.

Quasi in rem

___________ jurisidiction is the legal power of hte court to render a money jedgement against a nonresident not subject to person jurisdiction if the action is commenced by an attachment of his poroperty in the state.

venue

Refers to the parish where an action or proceeding may properly be brought.

permissive

Most venue rules are _______________ and thus objections to venue are waived if not raised prior to making a general appearance or confirmation of a deflaut.

declinatory

An objection to venue is made by timely filing a ___________ exception of improper venue.

No

Can a declinatory object for improper be raised by the court on its own motion?

parish of domcile

Proper venue for an Individual domiciled in Louisiana

parish of residence

Proper venue of an individual who resides in Louisiana

Parish of agent's PO box address

Proper venue for a nonresident with an agent for service with process

Parish of plaintiff's domicile or where service is made

Proper venue for a nonresident without an agent for service of process

Parish of its registered office

Proper venue for Domestic corporations and LLC

Parish of principal business as established in the application, or parish or primary place of business (if no designated principal)

Proper venue for corporations and LLCs foreign and licensed to do business in the state

Parish of plaintiff's domicile or where service is made

Proper venue for corporations and LLCs not licensed to do business in the state

parish of registered office

Proper venue for domic insurer

East Baton Rouge

Proper venue for foreign or alien insurer

parish of its prinicipal business establishement

Partnerships and unincorporated associations

1 year

A suit may be filed in the parish of the old domicile for _______ after the change, or in the defendant's new domicile.

declaration of intent

A suit may be filed in the parish of the old domicile for 1 year after the change, or in the defendant's new domicile. The defendant can cut this off by filing a ______________________ to change domicile.

property

An action for sequestration or to enforce a mortgage or privilege by ordinary proceeding may be brought where all or part of the ___________ is located.

all

Parish where venue is proper as to any one of joint obligors under Art. 42 will be proper as to _________.

plaintiff

In a tort suit, an action against all joint or solidary obligors MAY brought where the ___________ is domiciled if one of the defendants is an insurance company.

insurance

In a tort suit, an action against all joint or solidary obligors MAY brought where the plaintiff is domiciled if one of the defendants is an ____________ company.

damages sustained, the wrongful conduct occurred, or the defendant is domiciled

For tort suits venue is proper in the parish where _______________, __________________, or _________________.

wrongful conduct

In suits to enjoin wrongful conduct, venue is proper where the _______________ occurred or may occur.

child

An action to establish filiation may be brought in the parish of domicile of the __________, where conception occurred, where either parent resided at conception, where either acknowledged the child of where the child was born.

birth

AN action to disavow filiation may be brought in the parish of the child's _________ or where either parent resided at the time of birth.

Parish of party or last matrimonial domicile

Proper venue to obtain custody.

custodial parent

Proper venue to change custody is the parish where _________ is domiciled or custody decree was rendered.

custody decree

Proper venue to change custody is the parish where custodial parent is domiciled or _____________ was rendered.