Persons and Family
This leads to the civil effects of an absolutely null marriage continuing in favor of a good faith party.
What is good faith?
The test from PHAC Services v Seaways, evaluating a constructions cost, purpose, durability, and prevailing notions, determines whether a construction is either of these.
What is a building or OCPA?
Spouses, unlike _____, are not permitted to alienate their undivided interest during the community. Also unlike ______ spouses generally cannot alienate community assets in which the other spouse has an interest, under the equal management scheme.
What are co-owners?
This is a fiction of law that allows the descendants of a predeceased sibling or descendant to take the place of the predeceased sibling or descendant.
What is representation?
This is the parish where an action or proceeding may properly be brought
What is venue?
Under a 102, a spouse can file a petition for divorce, allege jurisdiction and venue, and request a judgment of divorce after the parties have lived continuously separate and party from _____ or _________.
What is service of the petition or written waiver of service?
A legal servitude my arise requiring adjacent landowners to provide passage for an enclosed estate. Generally, the estate which is burdened by this legal servitude is the one that furnishes the shortest passage to this location.
What is the nearest public road?
A valid matrimonial agreement must be made by ______ or under __________.
What is an authentic act or an act underprivate signature duly acknowledged by both spouses?
A successor may only renounce their interest upon fulfilling these 3 requirements.
What is (1) renouncing after the death of the decedent and (2) renouncing expressly and in writing and (3) having knowledge of the fact that they have an interest in the decedent’s estate.
This method of service is effectuated by mailing a certified copy of the citation and amended petition by certified or registered mail, return receipt requested, or by actual delivery to the party by commercial courier or by one authorized to make service
What is service under the Louisiana Long Arm statute?
These factors are uses to determine entitlement and amount of final spousal support.
What are (1) tax consequences (2) age and health of the parties (3) financial obligations of the parties (4) child custody arrangements) (5) rehabilitation needed (6) income of the parties (7) earning capacity of the parties (8) duration of the marriage (9) domestic abuse within the marriage?
Someone wanting to claim ownership by acquisitive prescription, lacking just title may only, succeed upon proving 30 year acquisitive prescription of the property by proving they have these 3 things.
What is having corpus (physical acts of use, detention, and enjoyment of the thing)—and animus(the intent to possess the property as owner)—for at least 30 years?
Parties must do this if they enter into a matrimonial agreement AFTER the marriage.
What is get court approval?
This exception provides that if the fraction that would otherwise be used to calculate the legitime is grater than the fraction of of the decedent’s estate to which the forced heir would succeed by intestacy, then the legitime shall be calculated by using the fraction of an intestate successor
What is the Greenlaw exception?
When 2 or more suits are pending in LA state courts on the same transaction or occurrence, between the same parties in the same capacities, all but the first suit must be dismissed, or, if the defendant does not except, the first final judgment shall be conclusive of all. When a suit is brought in LA while another is pending in another state or in federal court on the same transaction or occurrence, between the same parties in the same capacities, the court may stay proceedings in the second suit pending the outcome of the first.
What is lis pendens?
This action is an action for the mother to bring in the instance of having a present husband and a former husband. Her present husband must first acknowledge the child by authentic act and then have her testimony corroborated and prove by clear and convincing evidence that her present husband, and not her first husband is the father of the child.
What is a contestation and establishment action?
With this type of usufruct, when the usufruct terminates, the usufructuary must deliver to the owner things of the same quantity and quality or the value they had at commencement of the usufruct
What is a usufruct over a consumable?
The two steps a spouse must take to unilaterally reserve the fruits of his separate property.
What is (1) Execute an authentic act or act under private signature duly acknowledged and (2) Record that act, even to trigger effect between the spouses, in the parish where immovables are located and where the declarant is domiciled for movables.
While descendants stand first in line to inherit, the surviving spouse shall have this over the decedent’s share of the community property to the extent that the decedent has not disposed of it by testament. Security for it is dispensed with unless the naked owner is not a child of the usufructuary or the naked owner is a forced heir. It terminates upon the surviving spouse’s death or remarriage.
What is the article 890 usufruct?
Prematurity (e.g., filing for divorce before the applicable time period has elapsed);
Want of amicable demand;
Unauthorized use of summary proceeding;
Nonconformity with the formalities of the petition;
Vagueness or ambiguity in the petition;
Lack of procedural capacity;
Improper cumulation of actions including improper joinder of parties; and
Discussion
What are dilatory exceptions?
This heightened level of proof is required in a modification request after a court has taken evidence of parental fitness, which can be shown by a transcript of the prior proceeding. In other words, if the issue of custody was litigated and decided by a court once, a request for modification must show more than a material change in circumstance.
What is the Bergeron standard?
This confers to the grantee any advantage upon a servient estate that could have been established by predial servitude.
What is a right of use?
When the separate property of a spouse increases in value because of the uncompensated labor of a spouse during a community regime, that spouse is entitled to reimbursement in this amount.
What is half of the increase in value attributable to the injection of labor?
The sixth rule for acretion for lapsed legacies that is only used when the first 5 rules are inapplicable.
What is devolves by intestacy?
This motion must be filed within seven days, exclusive of holidays, from mailing or service (if required) of notice of signing of judgment; if there is no verdict, it must be filed within seven days of jury discharge.
What is a JNOV?