causes of action

Question 1

when can a cause of action be used as a defense

Answer 1

even if the cause of action has prescribed, so long as it’s connected with the principal demand

Question 2

what is the concept of res judicata

Answer 2

party shall assert all causes of action arising out of the same transaction or occurrence that’s the subject matter of the litigation. otherwise precluded from bringing these later on

Question 3

what is lis pendens as it relates to two suits pending in more than one court

Answer 3

when 2+ suits are pending in more than one court on the same transaction or occurrence between the same parties in the same capacities, all but the first suit will be dismissed –if D doesn’t file this, first final judgment is conclusive to all

Question 4

what is lis pendens as it relates to a suit pending in Louisiana while another suit is pending out of state

Answer 4

if suits are on the same transaction or occurrence between the same parties in the same capacities, the court must stay the proceedings in the second suit pending the outcome of the first

Question 5

what is abandonment of a suit

Answer 5

at any stage of proceeding, 3 years pass, without either party taking any steps in its prosecution or defense, the suit is deemed abandoned and DISMISSED

Question 6

how is abandonment of a suit effective

Answer 6

without formal order, on ex parte motion of any party, or affidavit of interested person