Jurisdiction

Question 0

what are the courts of limited jurisdiction

Answer 0

parish
city
justice of pease

Question 1

Client with immovable property seeks city court judge, has consent of all parties to do so, can she get city court judge

Answer 1

No, consent will have no bearing since city courts have no jurisdiction over partition proceedings

Question 2

what are the limitations of the courts of limited jurisdiction? (parish, city, justice of peace)

Answer 2

They have no jurisdiction over:

1. Title to immovable property
2. Right to public office or position
3. Civil or political rights
4. Annulment of marriage, termination of marriage
5. succession, interdiction, habeas corpus
6. where state, parish, or other political corporation is defendant
7. any other exceptions by law

Question 3

You are judge in a Calcasieu Parish. you have a petitory action by plaintiff, resident of parish, against defendant, resident of parish. re: tracts of property owned by plaintiff and defendant. both properties are in Newton county tx. Do you have jurisdiction?

Answer 3

No. Louisiana state court does not have jurisdiction to adjudicate title or ownership of immovable property outsidte of louisiana. both tracts of land are outside the state, no authority to adjudicate.

Question 4

what is subject matter jurisdiction

Answer 4

the legal power of a court to hear a case based on the object of demand, amount in dispute, or value of right asserted. SMJ cannot be conferred by consent of the parties, and a judgment lacking SMJ is void

Question 5

what is personal jurisdiction

Answer 5

legal power of court ot render personal judgment against a party, independent of property owned by him

Question 6

what pleading should be filed to contest jurisdiction of louisiana

Answer 6

a declinatory exception for lack of personal jurisdiction, which must be filed prior to or in the answer.

Question 7

Name bases for specific jurisdiction under long arm statute

Answer 7

a louisiana court may exercise personal jurisdiction over a non resident who acts directly or by agent as to a cause of action arising from any of the following activities:
Transacting Business in La
Contracting to supply services/ things in La
Injury by offense or act of omission in La
Nonsupport of a child, parent, spouse, domiciled in La if nonresident formerly resided in La
Support of child who was conceived by nonresident while in La
Manufacturer of product causing damage or injury in La