Jurisdiction & Venue & Parties Flashcards
jurisdiction definition
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
subject matter jurisdiction
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
parish and city courts have NO authority over cases involving
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
city courts additionally have no jurisdiction over cases involving 4 things:
tutorship
curatorship
emancipation
partition
do city or parish courts hold bench or jury trials?
only bench trials
personal jurisdiction definition
legal power of a court to render a personal judgment against a party
if defendant has no agent in the state, he has impliedly authorized the secretary of state to be his agent if he is:
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
long arm personal jurisdiction exists when the action arises from ___ activities (“specific jurisdiction”)
[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
general personal jurisdiction definition
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.
constitutional personal jurisdiction test
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
in rem jurisdiction
when a right regarding movable, immovable, corporeal, or incorporeal property located in louisiana is at issue
quasi in rem jurisdiction
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
status proceeding personal jurisdiction rules
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
venue
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
general rules of venue
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
venue when defendants domicile has changed
suit can be filed in either defendant’s old or new domicile
unless defendant has filed a declaration of intent to change domicile
venue when it’s an action to enforce mortgage or privilege
may be brought where all or part of property is located
** joint or solidary obligors venue?
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
tort suit venue rules
venue is proper in the parish where the damages were sustained the wrongful conduct occurred or the defendant is domiciled
suit to enjoin wrongful conduct venue
venue is proper in the parish where
the wrongful conduct occurred
or may occur
action on open account or promissory note venue
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
insurance suits venue
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
