Persons Flashcards
Explain Natural Person
A natural person is a human being, but one must be born alive even if only for an instant to be a natural person. Respiration is touchstone of live birth. A child born alive has inheritance rights relating back to moment of conception. All natural persons enjoy legal capacity to have rights and duties. Termination at death.
Note on conflict of laws: stats of natural person and effects of that status are governed by the law of the state whose law would be most seriously impaired if its law were not applied.
What action should a mother take to protect the rights of her unborn child who was injured in a car accident and will be born deaf?
Survival action on behalf of the fetus is not authorized. Therefore, if the fetus is born alive, the child will have a cause of action for its injuries. If born dead, there will be a cause of action for wrongful death. A fetus need not be born alive for a wrongful death suit to be maintained against the person who caused its death.
What is a juridical person?
A juridical person is an entity to which the law attributes personality, such as a corporation or partnership.
Note: an invitro fertilized ovum is juridical person, implantation converts to natural person
What is domicile of a natural person?
The place of his HABITUAL RESIDENCE
What is rule for military and domicile?
A member of the military is presumed to retain the domicile of his home state, it does not change because of his move of physical residence while in service. He may abandon domicile and establish a new one by complying with the two prongs of physical presence and intent to remain permenantly.
What is domicile of juridical person?
The state of its formation or state of its principal place of business, whichever is more pertinent to the issue.
What is the test for domicile?
- actual residence in a particular location or presence
2 . intent to have that parish as his HABITUAL RESIDENCE
What is considered for intent in domicile?
Where person sleeps, whether he has established household there, where he votes, pays taxes, banks, works, etc.
How do you change domicile?
A person attempting to change domicile must meet both prongs of the test (the act of residing in another parish plust the intention to make that new location his HABITUAL RESIDENCE). A sworn declaration of intent may be considered evidence of intent. Must overcome the presumption that domicile has not changed.
True or False:
Under the law, a person may have multiple domiciles but only one residence.
False. A person may have multiple residences but only one domicile. One who resides equally in several places may file a declaration, if not, then any one of the places may be habitual residence. Strong presumption in favor of domicile of origin.
