Jurisdiction & Venue & Parties

Question 1

jurisdiction definition

Answer 1

the legal power and authority of a court to hear an action or proceeding involving the legal relations of the parties and to grant the relief to which they are entitled

Question 2

subject matter jurisdiction

Answer 2

legal authority of the court to hear a case based upon:
the object of demand;
the amount in dispute;
the value of the right asserted

Question 3

parish and city courts have NO authority over cases involving

Answer 3

title to immovable property
civil or political rights of the plaintiff under the federal or state constitutions
a case where the state, or another political subdivision is a defendant

also:
right to public office or position
annulment of marriage, divorce, separation of property, or alimony
succession, interdiction, recievership, liquidation, habeas corpus proceeding

Question 4

city courts additionally have no jurisdiction over cases involving 4 things:

Answer 4

tutorship
curatorship
emancipation
partition

Question 5

do city or parish courts hold bench or jury trials?

Answer 5

only bench trials

Question 6

personal jurisdiction definition

Answer 6

legal power of a court to render a personal judgment against a party

Question 7

if defendant has no agent in the state, he has impliedly authorized the secretary of state to be his agent if he is:

Answer 7

a nonresident motor vehicle operator who uses louisiana roads
a nonresident watercraft operator who uses louisiana waterways
a foreign insurer conducting insurance business in louisiana without a certificate

Question 8

long arm personal jurisdiction exists when the action arises from ___ activities (“specific jurisdiction”)

Answer 8

[contracts]
- transacting any business in louisiana
- contracting to supply services or things in louisiana
[torts]
- causing injury or damage by an offense committed through act or omission in louisiana
- causing injury or damage by an act or omission committed outside louisiana, if the damage occurred in louisiana, because the nonresident regularly does business in louisiana, engages in a persistent course of conduct, or derives substantial revenue from goods or services in louisiana

[other]

• having an interest in immovable property in louisiana
• nonsupport of a child or former/spouse domiciled in louisiana, with whom the defendant formerly resided in louisiana
• child support when child conceived in louisiana
• when product caused damage in louisiana, manufacturer has personal jurisdiction if foreseeable that stream of commerce would eventually place product in louisiana

Question 9

general personal jurisdiction definition

Answer 9

louisiana court may exercise PJ over a nonresident on any basis consistent with the Louisiana and federal constitutions

example: Chase Bank which has general and pervasive contacts with state, subject to general PJ.

Question 10

constitutional personal jurisdiction test

Answer 10

2-part test:
(1- plaintiff’s burden) due process requires that in order to subject a non-resident to personal judgment, the defendant must have minimum contacts with the forum state,
(2- defendant’s burden) such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.

factors that go to part 2: burden on defendant, state’s interest in dispute, plaintiff’s interest in obtaining relief, judicial system’s interest in efficient resolution, state’s interest ini substantive social policies

Question 11

in rem jurisdiction

Answer 11

when a right regarding movable, immovable, corporeal, or incorporeal property located in louisiana is at issue

Question 12

quasi in rem jurisdiction

Answer 12

a court asserting jurisdiction over a nonresident party, through an attachment to property that is not located within the state.

must also satisfy minimum contacts test

Question 13

status proceeding personal jurisdiction rules

Answer 13

generally speaking, if a proceeding is abouut STATUS (ie, interdiction, adoption, tutorship, etc) –> then the person whose STATUS is at issue must be domiciled in Louisiana

Question 14

venue

Answer 14

refers to the parish where the case can be properly brought

most venue rules are permissive, without defendant asserting a declinitory exception, venue objection is waived
however, status proceedings have non-waivable venue

Question 15

general rules of venue

Answer 15

by type of defendant:

individual =
venue is parish of domicile,
if non-domiciliary then parish of residence
if nonresident with agent, then parish where agent’s address is
if nonresident without agent, then parish of plaintiff’s domicile or where service made

corporations and LLCS =
for louisiana businesses, parish of registered office
foreign but licensed, parish of PPB
foreign and not licensed, parish of plaintiff’s domicile or where service made.

insurers =
louisiana insurers, parish of registered office
foreign = east baton rouge parish

Question 16

venue when defendants domicile has changed

Answer 16

suit can be filed in either defendant’s old or new domicile

unless defendant has filed a declaration of intent to change domicile

Question 17

venue when it’s an action to enforce mortgage or privilege

Answer 17

may be brought where all or part of property is located

Question 18

** joint or solidary obligors venue?

Answer 18

the parish where venue is proper as to one of any joint or solidary obligors will be proper as to all.

note: in a tort suit, an action against any or all joint or solidary obligors may be brought where the plaintiff is domiciled IF one of the defendants is an insurance company
OR
if one defendant has personal jurisdiction because of long-arm jurisdiction

Question 19

tort suit venue rules

Answer 19

venue is proper in  the parish where 
the damages were  sustained
the wrongful conduct occurred 
or 
the defendant is domiciled

Question 20

suit to enjoin wrongful conduct venue

Answer 20

venue is proper in the parish where
the wrongful conduct occurred
or may occur

Question 21

action on open account or promissory note venue

Answer 21

open account = parish where account was created, or where underlying services were performed, or debtor’s domicile

promissory note = where note was executed, or debtor’s domicile

Question 22

insurance suits venue

Answer 22

action on insurance policy is where insured is domiciled
OR
where accident or illness occurred

this translates to:
uninsured motorist policy suit brought in parish where loss occurred or where insured (plaintiff) is domiciled

Question 23

contract-based scenario venue rules

Answer 23

venue is proper in parish where contract was executed/signed
OR
where any work or service was or was to be performed

Question 24

venue in suit involving immovable property

Answer 24

generally, can bring in the parish where that immovable property is located

Question 25

plaintiff versus insurer suit venue

Answer 25

this is the Direct Action Statute, plaintiff can sue insurer directly on any liability policy written or delivered in the state OR providing coverage for an accident which occurred in the state venue is = parish where accident occurred, or any parish where suit can be brought against insured or insurer, including EBR

Question 26

venue where one defendant is long arm defendant

Answer 26

plaintiff's parish of domicile

Question 27

derivative action venue

Answer 27

venue is proper where venue is proper for corporation

Question 28

venue conflict rules

Answer 28

if there is a rule regarding venue that refers to basically, status, successions, or community property, that is mandatory, and trumps all the other "permissive" venue rules about everything else.

Question 29

if venue is improper, suit is

Answer 29

dismissed | or if justice requires, then transferred to a court of proper venue

Question 30

if suit cannot be decided with justice in original venue, then can be transferred under

Answer 30

forum non conveniens theory. allows court to transfer to another parish where venue would be proper if the interest of justice requires it however, if suit originally and properly filed in plaintiff's domicile, may not be transferred under forum non conveniens

Question 31

nonwaivable venue rules

Answer 31

``` mostly, this is status proceedings -- successions annulment/divorce emancipation tutorship interdiction ```

Question 32

mandatory recusation of judges

Answer 32

if judge is a witness if judge has been employed or consulted as an attorney in the case if the judge is the spouse of a party, an attorney employed in the case, or the judge's parent, child, or immediate family member is a party or attorney is biased prejudiced or interested in the case to such an extent that he would be unable to be fair and impartial

Question 33

permissive recusation of judges

Answer 33

if has been associated with attorney during the attorney's employment in the cause attorney in the case represents the judge during the time of the hearing he has performed a judicial act in the case in another court he is related to a party of spouse of a party within the 4th degree; an attorney employed in case within 2nd degree, or if any of judge's householders have a substantial economic interest in the matter

Question 34

contempt definition

Answer 34

court has general contempt power to address any act or omission tending to obstruct or interfere with the orderly administration of justice or impair the dignity of the court or respect for its authority direct - in view of court, penalty $100 and one day in jail OR constructive - disobeying TRO, deceit by party or attorney, intentional disobedience of court order, interference with juror or witness -- $1000 and 6 months in jail

Question 35

**obligations of attorney as officer of the court

Answer 35

as an officer of the court, an attorney must conduct himself with decorum consistent with the dignity and authority of the court, treat all participants with due respect, not interrupt opposing counsel or impede orderly judicial business, not encourage false evidence or deceive the court these actions are punishable as contempt of court

Question 36

3 types of actions in louisiana courts

Answer 36

ordinary summary executory

Question 37

prescribed actions can still be asserted as a

Answer 37

defense to an action

Question 38

res judicata definition

Answer 38

a party shall assert all causes of action arising out of the transaction or occurrence that is the subject matter of the litigation

Question 39

2 types of cumulation of actions

Answer 39

ie, joinder cumulation by single plaintiff against single defendant cumulation of plural plaintiffs or defendants

Question 40

rules for cumulation with 1 plaintiff and 1 defendant

Answer 40

plaintiff may cumulate against same D even if the actions are based on unrelated grounds, as long as each cumulated action is within court's jurisdiction and brought in proper venue AND cumulated actions are mutually consistent and same kind of procedure

Question 41

rules for cumulation with plural plaintiffs or plural defendant

Answer 41

multiple plaintiffs or defendants join in same lawsuit when (i) there is a community of interest (ie, same factual/legal issues) between parties joined (ii) each cumulated action is within the court's jurisdiction and brought in the proper venue (iii) all cumulated actions are mutually consistent and same form of procedure

Question 42

lis pendens

Answer 42

(1) occurs when you have similar/same lawsuits filed in different jurisdictions when 2 or more suits pending on same transaction or occurrence, between same parties, then all but the first filed must be dismissed if defendant does not except to multiple suits -- then first judgement rendered shall be conclusive of all OR (2) when suit brought in Louisiana, when same transaction or occurrence being litigated in another state or federal court -- court can stay Louisiana action while other action pending

Question 43

abandonment of suit

Answer 43

if any any stage of proceeding, 3 years passes without either party taking any step in the prosecution or defense of the case, the suit is deemed abandoned and dismissed example: you represent P in case filed at some date, last action was MSJ that was denied, 3+ years ago. case is deemed abandoned. things like taking deposition, interrogatories -- this constitutes a step. however, entering or removing attorney of record is not a step. party can contest the dismissal within 30 days with motion to set aside dismissal, or appeal of dismissal within 60 days.

Question 44

class action prerequisites

Answer 44

``` numerosity = class so numerous that joinder of all plaintiffs is impracticable commonality = questions of fact or law common to the class typicality = claims or defenses of representative parties are typical of claims/defenses of the class fairness = representatives will fairly and adequately protect interests of the class objectively defined = class may be defined objectively in term of ascertainable criteria ``` ``` also need to show = questions of law and fact common to the class PREDOMINATE over any individual considerations regarding the class member's interest means = members dont have much interest in controlling their personal action; litigation has already commenced by individual members; class members dont really have a practical ability to pursue their claims individually OR parties have attempted to settle as a class settlement even though common question requirements may not otherwise be met ```

Question 45

motion to certify the class timing

Answer 45

motion to certify the class must be made within 90 days of service of initial pleading of all adverse parties

Question 46

notice to class members in class action

Answer 46

``` in a common question class action, best notice practicable must be given to all class members must include a time delay in which individual class members may opt out before commencement of trial ```

Question 47

once class certified, court must review all dismissal and compromise offers. requirements =

Answer 47

``` terms of settlement must be given to all members of class court must hold hearing to determine whether settlement is fair, reasonable, and adequate ```

Question 48

prescription with class action

Answer 48

``` prescription is suspended as to all class action begins running 30 days after individual's opting out form returned OR persons excluded from class 30 days after notice of exclusion OR for all class members within 30 days of denial of class certification, when all appeals finalized ```

Question 49

special lis pendens rules for class actions

Answer 49

``` (1) when 2 or more class actions pending in more than one court, defendant can have all suits transferred to district court where accident/occurrence occurred (2) when suit has multiple transactions or occurrences in multiple locations, then defendant can have all suits transferred to parish where first suit was filed. ```

Question 50

derivative action definition

Answer 50

suit brought by shareholder to enforce the rights of a corporation when the corporation itself refuses to enforce their own right

Question 51

for derivative action to proceed as a class action

Answer 51

``` then if joinder is impracticable (ie, numerosity requirement met) AND the representative parties will adequately represent the interests of the class then court will maintain as class action ```

Question 52

derivative action petition requirements

Answer 52

allege that party was shareholder at time of transaction complained of alleges with particularity the efforts of plaintiff to secure action from directors, and reasons for his failure to secure such action that the defendant corporation and the defendant obligor are joined in the suit prayer for judgement in favor of corporation against obligor verified by affidavit of plaintiff or counsel

Question 53

computation of time rule

Answer 53

the date of the act, event, or default is not counted. start counting the next day. the last day of the period is counted, unless legal holiday (including weekends)

Question 54

compulsory joinder is required when

Answer 54

no complete relief in person's absence OR they claim an interest relating to subject matter of lawsuit and so situated that adjudication without t hem, may impede or impair that interest or it leaves a substantial risk of incurring multiple or inconsistent outcomes

Question 55

factors to consider when determining whether to | dismiss a case because of the lack of compulsory joinder party

Answer 55

(1) to what extent a judgement rendered in that party's absence might be prejudicial to him or those already present (2) can prejudice be lessened or avoided by drafting around in judgement (3) whether judgement rendered in party's absence will be adequate (4) whether plaintiff will have an adequate remedy if action is dismissed for nonjoinder

Question 56

who has capacity to file the lawsuit? "parties plaintiff"

Answer 56

(1) unemancipated minor lacks capacity to sue. all persons having parental authority over that minor must be joined as plaintiff. with court permission, one parent alone may represent minor if other parents refuse to do so. (2) mental incompetents do not have capacity to sue, but defendant must object. these individuals must sue through a curator appointed by court (3) interdicts cannot sue, curator must bring suit unless suit is to end interdiction

Question 57

what if party dies during pendency of action?

Answer 57

then successor of decedent may be substituted through ex parte motion same people who may be substituted = those who can bring a survival action: ie, (1) surviving spouse and children; if not (2) then parents, if none then (3) siblings; if none, then (4) grandparents failure to substitute may cause dismissal of claim time period = substitution must occur within 30 days of receipt of summons, if successor and address known, or within 60 days if successor is nonresident