Term
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Definition
| the legal power of a court to hear a particular class of actions based upong the object of the demand, the amount of time , or the value asserted. |
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Term
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Definition
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Term
| What is the $ limit for parish courts? |
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Definition
| Parish court can hear cases up to $20K. |
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Term
| What is the $ limit for city courts? |
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Definition
| City Court can hear cases up to $15K. |
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Term
| What is the $ limit for justice of the peace? |
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Definition
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Term
| What types of cases can parish/city/jop courts NOT hear? |
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Definition
Immovable property
Right to public office or position
Civil or political rights under the const
Status claims: marriage, divorce, succession interdiction
**Where the state is the ∆** |
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Term
| In addition to the limited jurisdiction what cases can city courts not hear? |
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Definition
| tutorship, curtatorship, emancipation or partition |
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Term
| Are there jury trials for city/parish/JOP courts? |
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Definition
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Term
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Definition
Can be heard by a parish or city court with jurisidiction over the main demand regardless of the amount in dispute.
HOWEVER
If there is a compulsory reconventional demand that exceeds the court jx, the court shall transfer the entire action to a court or proper jx. |
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Term
| How are agent for process designated? |
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Definition
Expressly by the ∆
or
impliedly appoint by law |
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Term
| Who is the agent for a non-resident motorist/water craft operator? |
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Definition
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Term
| Who can be served in an atty's office? |
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Definition
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Term
| How do you consent to personal jx? |
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Definition
| Waiver or by failure to timely file a declinatory exception for lack of pj |
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Term
| What are the two types of long arm jx? |
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Definition
Specific and General
Specific - litigation related to forum activities
General - Litigation UNrelated to forum activities |
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Term
| What activities constitute specific personal jx? |
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Definition
Transaction of Business
Service/Supply Ks
Injury/Damage in LA
Injury or damage outside LA
Child support
Manufacturing of a product or component |
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Term
| When injury or damage is caused outside of LA by a non-resident when can they be called into LA courts? |
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Definition
| "If the non-resident regularly does or solicits business or engages in any other persistent course of conduct or derives substantial revenue from goods used or consumed or services rendered in LA." |
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Term
| When can a non-resident manufacturer be called before LA courts? |
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Definition
| When the product was placed in to the SOC, the m/or could have foreseen, realized, expected, or anticipated that the product may eventually be found in LA by reason of its nature and the m/er's marketing practices. |
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Term
| What are the constitution limits for long-arm jx? |
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Definition
1. Minimum contacts with the forum state, such that
- "purposefully directed activities at forum residents"
- BOLO: fortuitous encounter/business on vacay
2. No offense to traditional notions of fair play and substantial justice. |
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Term
| Once a π shows min contacts what happens? |
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Definition
| Burden shifts to ∆ to prove unfairness/whether it is fair to subject ∆ to PJ based on several factors. |
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Term
| What are the fairness factors? |
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Definition
Burden on ∆
the state's interest in the dispute
π's interests in obtaining relief
efficient resolution in the judicial system
State's substantive social policies. |
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Term
| What is the difference between in rem jx and quasi in rem jx? |
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Definition
In rem - is the legal power to enforce a right in or against the the property, based on where its located and claimed or owned by a non resident
Quasi - legal power to render a money judgment aagsinst a non-resident not subject to PJ if the action is commenced by an attachment of his ppty.
- Limited to value of the ppty
- Must have min contact with the state |
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Term
| What is the difference between in rem jx and quasi in rem jx? |
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Definition
In rem - is the legal power to enforce a right in or against the the property, based on where its located and claimed or owned by a non resident
Quasi - legal power to render a money judgment aagsinst a non-resident not subject to PJ if the action is commenced by an attachment of his ppty.
- Limited to value of the ppty
- Must have min contact with the state |
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Term
| How is jx over status determined? |
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Definition
Usually look at domicile
Divorce has a rebuttable presumption after residing for 6 mos.
Adoption - parents need to be domiciled for 8 months |
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