CODE OF CIVIL PRO Flashcards
What is jx?
Legal power an authority of court to an action or proceeding involving the legal relations of the
parties and to grant the relief to which they are entitled.
What is SMJ?
Legal power and authority of a court to hear a particular class of actions or proceedings based
on the object of the demand, the amount in dispute, or the value of the right asserted.
SMJ cannot be conferred by consent of the parties.
Judgment rendered by a court which lacks SMJ is void.
When SMJ is based upon the amount in dispute or
value of the right asserted, interest, court costs, attorneys’ fees, or penalties are not included.
What are TC of limited JX?
- Parish courts cannot hear cases over $20k.
- City courts cannot hear cases over 15K. Cannot hear cases involving tutorship, curatorship, emancipation, or partition.
- Justice of the Peace Courts cannot hear cases over $5K. Cannot hear cases of
(i) Adoption, tutorship, emancipation, or partition;
(ii) Executory proceedings;
(iii) In rem or quasi in rem proceedings; and
(iv) Injunction proceedings (except to arrest execution of its own writ and to enforce execution of judgments by
a justice of the peace court).
What are the limits of parish, city and justice courts?
(i) A case involving title to immovable property;
(ii) A case involving the right to public office or position;
(iii) A case in which the plaintiff asserts civil or political rights under the federal or state constitutions;
(iv) A claim for annulment of marriage, divorce, separation of property, or alimony;
(v) A succession, interdiction, receivership, liquidation, habeas corpus or quo warranto proceeding;
(vi) A case in which the state, a parish, or other political corporation is a defendant; and
(vii) Any other case or proceeding excepted from the jurisdiction of these courts by law
No Jury trials.
Courts can exercise JX over any related incidental demand regardless of the amount in dispute.
EXCEPT when n a compulsory
reconventional demand exceeds the court’s jurisdiction, the court must transfer the entire action to a court of
proper jurisdiction.
What’s the JX for districts courts?
Original
What’s the JX for COA?
Permit appeal as of right in any civil matter to the appropriate circuit of appeal.
There are 5 courts of appeal.
1st circuit - BTR
2nd Circuit - Shreveport
3rd Circuit - Lake Charles
4th Circuit - NOLA
5th Circuit - Gretna
What’s the JX for the Supreme Court?
Original jx over bar admission and disciplinary proceedings
Appeals of right exist for:
Constitutionality of a statute and criminal death penalty cases.
All other cases are decided on the discretionary supervisory jx by WOC to review COA.
What’s personal jx?
Legal power of a court to render a personal judgment against a party independent of any property owned by him.
Other ways for courts to obtain personal jx:
- Service process on D or his Agent for Service of Process.
SOS is agent for for service of process:
- Nonresident motor vehicle operators who use Louisiana roads. [La. Rev. Stat. 13:3474];
- Nonresident operators of watercraft in Louisiana. [La. Rev. Stat. 13:3479]; and
- Foreign or alien insurers transacting insurance business in Louisiana without a certificate of authority [La. Rev. Stat.
22:1907] - Service of Process Curator ad Hoc appointed by the court to represent a LA domiciliary who is absent, incompetent, or a nonresident.
- Court Must appoint Counsel to Represent D when court has JX over the person or property of the D and the D is one of the following
- when a nonresident or absentee who has not been served process, personally or through an agent, and who has not waived an objection to jx may have counsel appointed.
- Unemancipated minor or mental incompetent who has no legal rep and who may be sued through an attorney at law
- D may consent to JX.
- Long arm statutes authorize personal jx over nonresidents on certain acts or omissions in the state.
(1) transacting business in LA
(2) contracting to supply services or things in LA
(3) causing injury or damage by an offense or quasi-offense committed through an act or omission in LA;
(4) Causing injury or damage in LA by an act or omission outside of LA engages in any other persistent course of conduct in LA, or derives substantial revenue from goods used or consumed or services rendered in LA;
(5) Having an interest in, using, or possessing a real right on immovable property in Louisiana;
(6) Nonsupport of a child, parent, spouse, or a former spouse domiciled in LA to whom an obligation of support is owed and with whom the nonresident formerly resided in LA;
(7) Parentage and support of a child who was conceived by the nonresident while he was in LA; and
(8) Manufacturing of a product or component thereof which caused damage or injury in LA, if at the time
of placing the product into the stream of commerce, the manufacturer could have foreseen, realized, expected,
or anticipated that the product may eventually be found in LA by reason of its nature and the
manufacturer’s marketing practices.
(9) Catchall provision where LA court may exercise personal jx over a nonresident on any basis consistent with LA or US Constitution.
What;s the constitutional limits of Long Arm Personal JX?
D must have certain minimum contacts with the forum state such that maintenance of the suit does not offend traditional notions of fair play and justice.
Minimum contacts is generally satisfied by P if D has purposefully directed activities at the forum residents.
Burden shifts to D to prove unfairness.
Whether it is fair to subject the defendant to personal
jurisdiction depends upon several factors including: the burden on the defendant; the state’s interest in the
dispute; the plaintiff’s interest in obtaining relief; the judicial system’s interest in efficient resolution; and the
state’s interest in substantive social policies.
