Louisiana Civil Procedure Test 1|30 Questions with Verified Answers
Define jurisdiction. - CORRECT ANSWER The power of the court to hear the matter or
... [Show More] to exert authority over the person.
What are the jurisdictional limitations for city and parish courts? - CORRECT ANSWER City: 15k
Parish: 20k
What claims cannot be hears by parish or city courts? - CORRECT ANSWER Title of immovables
Constitutional
Divorce Proceedings (and incidentals)
Status proceedings
Claims against the state or parish
If a court lack subject matter jurisdiction, any judgment rendered by teh court is __. - CORRECT ANSWER void
Parish/City courts cannot hold __ trials. - CORRECT ANSWER Jury
When can a parish or city court hear incidental demands? - CORRECT ANSWER When the court had jurisdiction over the main case, regardless of the amount in dispute in the incidental claim
When can a parish or city court NOT hear an incidental claim? - CORRECT ANSWER When there is a compulsory reconventional demand and the amount in dispute exceeds the jurisdictional limits
Parish/City courts are courts of __ jurisdiction.
District courts are court of __ jurisdiction. - CORRECT ANSWER limited
general
A defendant cannot consent to __ __ jurisdiction, but can waive __ __. - CORRECT ANSWER subject matter
personal jurisdiction
How can a defendant waive personal jurisdiction? - CORRECT ANSWER By making an appearance or
failing to file in a timely manner
A non-resident vehicular operator is just subject to person jurisdiction. Who is impliedly appointed as his agent for service of process? - CORRECT ANSWER Secretary of State
What is a curator ad hoc for purposes of personal jurisdiction? - CORRECT ANSWER A lawyer appointed by teh court to represent an individual who is without representation
What is the job of the curator ad hoc? - CORRECT ANSWER To locate the defendant and notify him of the pending suit
To file a perfunctory answer to avoid a default judgment
"Under limited circumstances, the Long Arm Statute allowed the state of Louisiana to reach beyond its border and... - CORRECT ANSWER assert personal jurisdiction over a non-resident person."
"Under limited circumstances, the Long Arm Statute allows the state of Louisiana to reach beyond its borders and assert personal jursidction over a non-resident person; but..." - CORRECT ANSWER there are strict constitutional parameters within which the court must act to assert the power."
What are the two parts to analyzing a Long Arm Statute issue? - CORRECT ANSWER 1. Specific jurisdiction
2. General jurisdiction
Under the first part of the analysis of a Long Arm Statute issue, upon what is the personal jurisdiction over the non-resident based? - CORRECT ANSWER An act he did in Louisiana from which the cause of action directly arises.
The Illustrative list of activities that allow for the assertion of personal jurisdiction based on an act the non-resident did in Louisiana includes: - CORRECT ANSWER Contracting in LA
Contracting to supply goods to LA
Committing a tort in LA
The Illustrative list of activities that allow for the assertion of personal jurisdiction based on an act the non-resident did in Louisiana includes: "committing a tort outside of lousiana with damages that are sustained within the state if the non-resident... - CORRECT ANSWER regularly does or solicits business in 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."
The second part of the test to apply to a Long Arm Statute issue is general jurisdiction, it is __ __. - CORRECT ANSWER two prong
What is the purpose of the 2-prong test that applies in Long Arm Statute cases? - CORRECT ANSWER To protect the due process rights of the defendant
What are the prongs of the 2-prong test that applies in Long Arm Statute cases? - CORRECT ANSWER 1. Minimum Contacts
2. Fair Play and Substantial Justice
How is the minimum contacts prong of the 2-prong test that applies in Long Arm Statute cases satisfied? - CORRECT ANSWER If the defendant has purposefully directed activities at forum residents
Once minimum contacts are shows, what happens? - CORRECT ANSWER the burden shifts to the defendant to prove unfairness
How is the fair play and substantial justice prong of the 2-prong test that applies in Long Arm Statute cases met? - CORRECT ANSWER By looking at the following considerations:
1. Burden on the defendant
2. State's interest in the dispute
3. Plaintiff's interest in obtaining relief
4. Judicial system's interest in efficient resolution and
5. States interest in substantive social policies
Define in rem jurisdiction. - CORRECT ANSWER The power of the court to enforce a rights against proeprty that has situs in Louisiana with a non-residential owner
Define quasi in rem jurisdiction. - CORRECT ANSWER The power of the court to render a money judgment against a non-resdient who is not subject to personal jurisdiction, but owns some property.
How is a quasi in rem jurisdiction action commenced? - CORRECT ANSWER By attaching the property.
What is the limitation of any judgment rendered in a quasi in rem case? - CORRECT ANSWER The judgment is limited to the value of the property that gets attached.
Even when utilizing quasi in rem jurisdiction the defendant still must have __ __ with the state. - CORRECT ANSWER Minimum contacts [Show Less]