Persons Louisian

human being

A natural person is a _______________.

live birth

A natural personality begins at ____________.

death

Natural personality ends at _____________.

conception

Once a child is born alive, even if for an instant, the child enjoys natural personality from the moment of _______________.

human embryo

in vitro fertilized human ovum, with certain rights granted by law, composed of one or more living human cells and human genetic material so unified and organized that it will develop in utero into an unborn child

judicial person

An in vitro fertilized human ovum exists as a __________________ until such time as the in vitro fertilized ovum is implanted in the womb; or at any other time when rights attach to an unborn child in accordance with law.

conception

when sperm and egg meet in the womb or the embryo is implanted in the womb

born alive

Unborn persons are natural persons when __________.

No (because judicial person cannot die)

In LA, can there be a wrongful death suit for a human embryo?

dead

A person will be considered ____________ if in the announced opinion of a physical, duly licensed in the state of LA based on ordinary standards of approved medical practice, the person has experienced an irreversible cessation of spontaneous respiratory and circulatory functions.

brain function

If artificial means of support preclude a determination that spontaneous respiratory and circulatory functions, a person will be declared dead if the announced opinion of a licensed physician the person has experienced an irreversible total cessation of ______________.

Judicial determination of death

when a person has disappeared under circumstances when death seem certain, his death is considered to have been established even though his body has not been found.

Juridical person

An entity to which the law attributes legal personality, such as a corporation or a partnership.

private persons or public persons

Juridical persons are either classifies as _________________ (corp, p'ships) or _____________(municipalities, agencies).

habitual residence

The natural person's domicile is the place of his ________________.

formation or principle place of business

The juridical person's domicile may either be the state of ________________ or _____________.

fact

Domicile is a matter of __________ [fact or law].

nullify marriage

When filing to nullify a marriage, a petition for divorce is not filed but instead a petition to _____________.

already married, too closely related, and underage

3 impediments to marriage

ascending line or descending line or who are collaterally related in the 4th degree

What is considered too closely related?

No

Does it make a difference if the people who are married are too closely related but are half blood?

Judicial Authorization

Parties who are related by adoption are consider to be part of the adoptive family tree, although persons who are related by adoption only in the collateral line may marry but only after ______________ in writing to do so.

NO (former step-mom can marry step-son)

Is there any prohibition to marriage for those who were only related by marriage?

under 16

What is considered underage for marriage?

3 years

A minor who is 16 or 17 years old may not contract marriage with a person 18 years of age or older, when there is an age difference of __________ or more between them.

absolutely null

A marriage conducted in violated of an impediment is considered ____________.

parental consent

Prior to the 2019 revision, minors 16 and over need written consent of _____________ to marry.

judicial authorization

Prior to the 2019 revision, minors under the age of 16 needed _________ to marry.

judicial authorization and parental consent

Today/post 2019 revision, ____________ and ____________is need for 16 or 17 years to get married.

No

Today/post 2019 revision, can minors under 16 be married?

1) parties must be present at the ceremony and 2) the ceremony must be conducted by a third-party officiant who is qualified of who the parties reasonably believed to be qualified

Louisiana is a ceremonial marriage state, and the mandatory formalities are two-fold: ______________ and ______________.

absolutely nullity

What is the result if there is no marriage ceremony?

absolute nullity

What is the result if one of the mandatory formalities of the ceremony are not met?

so officiant can witness that parties' free consent

Why does Louisiana require parties to be in person to marry?

No

In Louisiana, can you get married via zoom?

state judges, justices of the peace, and clergyman of any religious sect that are authorized by their sect and are qualified

Who is qualified to be an officiant?

clerk of court

Religious leaders must register with the _________ before performing the ceremony.

No (because the couple reasonably believed the pastor was qualified)

If a couple reasonably believes that pastor of their hippy church can marry them but is not register, is the marriage absolutely null.

No

Does the ceremonial requirements in the revised statutes result in a null/invalid marriage?

suspension of the officiant's right to officiate

What is the consequence of not following the ceremonial requirements in the revised statutes?

No (RS ceremonial requirement only effects officiant)

Is a marriage in valid for failure to obtain a marriage license?

free

________ consent is a necessary prerequisite to marriage.

duress

Consent is vitiated when it is given under ________ or when given by a person incapable of discernment.

duress

"a reasonable fear of unjust and considerable injury to a party's person, property, or reputation."

age, health disposition, and other personal circumstances of the person claiming duress

To determine whether the fear is reasonable, for duress, what must the courts consider?

pending

Duress includes both executed and threatened violence, as long as the threat is _______ when consent is given.

close relative

Threats can be directed against the party to the marriage or against a ______________.

No (only duress for unwarranted)

Can there be duress if there threat of criminal prosecution, if the criminal charges are warranted?

unwarranted

Duress only applies to threats of criminal prosecution, if the charges are _______________.

discernment

A person who is incapable of ______________ cannot freely consent.

Yes

Is a person under the influence of drugs or alcohol considered to incapable of discernment/unable to given free consent?

judicial consent and parental authority

Some minors may be too young to understand the consequences of marriage, so a court must determine whether the minor is of an age or mental understanding to consent to wed, if the the minor did not obtain _________________ and _______________.

relative

A marriage without free consent is a _____________ nullity.

No (relative nullity)

Does a marriage without free consent result an absolutely null marriage?

covenant marriage

Louisiana enacted a new type of marriage, _________________, in an attempt to strengthen the institution of marriage.

1) premarital counseling, 2) declaration of intent expressing their desire to enter into a covenant marriage, and 3) affidavit signed by counselor confirming that the couple did premarital counseling

3 additional requirements to have a covenant marriage

yes

Do covenant marriage have different divorce law?

No (less than 1%)

Is Covenant marriage popular in LA?

valid

A marriage that is valid in the state where originally contracted or in the state where the couple were first domiciled as spouses shall be treated in LA as a _____________ marriage.

it would violate strong public policy

For what reason can a court deny a marriage that valid in the state contracted in?

absolute null

An _______________________ marriage occurs when a marriage is contracted in violation of an impediment, without a marriage ceremony, o by procuration.

No

Can a absolute marriage be confirmed by the parties?

No

Does parties to an absolutely null marriage need a court judgment declaring the nullity in order to contract into second marriages?

No

Because a party who enters into an absolutely null marriage contracts no marriage at all, __________________ benefits are afforded to either spouse.

putative spouse

Exception to receiving benefits from an absolutely null marriage, the __________________ may enjoy the benefits of marriage.

putative spouse

a spouse who contracts the null marriage without knowledge of its nullity may enjoy the benefits of marriage

remarries

When the cause for nullity is a party's prior undissolved marriage, the civil effects will continue in favor of the innocent party, even after the good faith ends, until the innocent party _____________________ or until the marriage is pronounced null by the court.

child

When the cause for nullity is the impediment of age, the marriage produces civil effects in favor of a ____________ of the parties, regardless of whether the parties are in good faith.

good faith

The civil effects continue in favor of a good faith party as long as that party remains in _______________.

reasonable belief

A putative marriage is not founded on the actual marriage or the ceremonial marriage, but on the ______________ by one or both of the parties that they were honestly married and that their offspring came from a lawful and honorable marriage.

declared null by court

A relatively null marriage is considered a marriage until __________________.

relatively null

A marriage is _______________ when consent of one of the parties to the marriage is lacking.

party whose consent was not free

Who must petition the court to have a relatively null marriage declared null?

confirmed

A party to a relatively null marriage may lose the right to declare its nullity one the party ____________________ the marriage after recovering his or her liberty or regaining his or her discernment.

interim incidental relief

A party who seeks a declaration of nullity of marriage is permitted to seek _____________ afforded in divorce proceedings.

existence

For a relatively null marriage, the right to interim incidental relief is based on the ___________- of the marriage.

True

[T/F]: For an absolutely null marriage, the right to claim interim relief is available even if the spouse is not entitled to the civil effects of marriage as a putative spouse.

putative spouse

For permanent relief after a judgment of nullity, only the parties to a relatively null marriage or a ________________ are entitled to ongoing relief.

judgment of nullity

Any interim relief pending the declaration of nullity in favor of a party not entitled to the civil effects of marriage shall terminate on the ______________________.

presumption

A spouse who seeks putative status enjoys the ___________________ of good faith.

good faith

A spouse who has been shown to have an undissolved marriage, bears the burden of proving their ___________ in contracting in the next marriage.

Legal spouse has no rights in property acquired in the putative marriage

Community Property between Legal Spouse and Putative spouse in good faith

bad faith

A putative spouse's right for community property terminations upon _____________ or up to they were in ____________. (same answer)

no

Does a bad faith putative spouse have any right to community property?

absolutely null

If A marries B underdress but is never declared null or confirm, then A marries C. The marriage to C is _______________-.

confirmed

Marriages between minors are relatively, but if they stay married after they reach the age of majority the marriage is _______________.

personal and patriomial

Once married, the effects of marriage can be characterized as ____________ and _____________.

Personal

_____________ rights in marriage, include spouses' mutual duties, authority over the family, and rights to surnames.

No

Can the personal effects of marriage be altered by contract?

1) fidelity, 2) support, and 3) assistance

3 martial duties

unenforceable

Although martial duties are owed during the marriage, the duties are _______________ during marriage, given the prohibition of spousal suits.

positive fedility

Fidelity clear includes a spouse' duty to refrain from adultery, and LA's jurisprudence has extended the duty to include _________________.

Positive fidelity

marriage obliges the spouses to fulfill "the reasonable and normal sex desires of each other"

spousal support

Although a breach of the duty of positive fidelity is unenforceable during marriage, it can have implications on _______________________.

necessities of life

Support is owed by spouses during the marriage, limited to the furnishing the ___________________.

1) abuse/domestic violence assistance act, 2) criminal neglect of family, 3) living separate and apart

How to obtain support without being divorced?

No

Can interim spousal support be waived?

mutually

Spouses _____________ assume the moral and material direct of the family, exercise parental authority, and assume the moral and material obligations resulting therefrom.

family

Parents mutually assume authority over the children, and any conflict among them should be resolved within the ______________.

No

Does marriage change the surname of either spouse?