Code I
(1) absence of legal impediments, (2) marriage ceremony, and (3) free consent of the parties
What are the legal requirements for marriage in Louisiana?
Representation takes place only:
A) in the ascending line
B) in the ascending and descending line
C) in the descending or collateral line
D) in the collateral line
C. In the descending or collateral line.
What are the elements of a sale?
Consent, thing, and price
What are the elements of a battery?
intent to contact, actual contact, harm or offense
Where is venue proper for domestic corporations and LLC's?
parish of registered office
Land, buildings, standing timber, integral parts, and attachments under article 466
What are always immovable?
As to separate property, heirs inherit in what order of priority?
First to descendants, then to parents and siblings, then to surviving spouse, then to more remote ascendants, and last to more remote collaterals.
What are the seller's obligations in a contract of sale?
Deliver the thing, warrant against eviction and redhibitory defects, and warrant the thing is fit for ordinary use
What are the elements of negligence?
Cause in fact, duty, scope of the duty/risk, breach, injury
Name each type of exception and give an example.
Declinatory - improper venue
Dilatory - lack of procedural capacity
peremptory - prescription
How many days must divorcing parties live separate and apart with minor children? How many without?
365 days with minor children
180 days without
When is acceptance or renunciation of an inheritance valid?
If the successor knows of the death of the decedent and knows he has rights as a successor. The successor need not know the extent of his rights or the nature of his relationship to the decedent. A successor cannot accept or renounce before the death of the decedent; a premature acceptance or renunciation is absolutely null. Partial renunciations are allowed.
When does an indeterminate term lease terminate?
30 days before end of period if term > 1 month
10 days before end of month if term is month to month
5 days before end of period for lease 1week-1month
any time with period < 1 week
What are the elements of a slip and fall?
1) unreasonable risk of harm, 2) harm was reasonably foreseeable, 3) merchant created or had actual or constructive notice and 4) merchant failed to exercise reasonable care
What is the standard for summary judgment?
there is no genuine issue of material fact & the mover is entitled to judgment as a matter of law
Brownacre is co-owned by Harper and Dawn. Harper lives there for a year and spends $3,000 making substantial alterations to Brownacre that are consistent with the use of the property. Which of the following statements is true?
B) Dawn is bound to keep the alterations and need not reimburse Harper.Dawn is bound to keep the alterations and need not reimburse Harper.
C) Dawn may demand demolition of the alterations and need not reimburse Harper.Dawn may demand demolition of the alterations and need not reimburse Harper.
D) Dawn is bound to keep the alterations and reimburse Harper.
D. Dawn is bound to keep the alterations and reimburse Harper.
What are the requirements for a valid notarial will and olographic will?
Notarial will requires that the testator declare in the presence of the notary and two witnesses that the document is his will and sign it in the presence of the witnesses and notary at the end and on every page, dated, attestation clause signed by witnesses and notary in presence of each other and testator.
The olographic testament is one entirely written, dated, and signed in the handwriting of the testator.
Briefly describe the repairman, lessor, and vendor's privilege.
Repairman's privilege secures payment of free for repair. Repairman has privilege over the movable until paid.
Lessor's privilege secures rental price and other lease obligations through privilege on all of lessee's movable property located anywhere on the leased premises.
Vendor's privilege is on any movable or immovable property sold on credit to secure the purchase price.
What is the sentence that church wants us to say when we see a product liability claim?
The LPLA establishes the exclusive theories of liability for manufacturers for damage caused by their products. Under the LPLA, the Plaintiff must prove the following elements:
What is the standard for JNOV and Motion for New Trial?
JNOV - after considering all the evidence in the light most favorable to the non-moving party, if the facts & inferences so strongly & overwhelmingly favor one party that reasonable persons could not reach a contrary result, the court should grant the motion. However, if there is substantial evidence of such quality & weight that reasonable persons might reach a different conclusion, the motion should be denied
New Trial - the facts & inferences are so overwhelmingly in favor of the moving party that reasonable persons could not reach a contrary verdict
Describe a predial servitude, how it is created, and give an example of one.
A predial servitude is a charge on a servant estate for the benefit of a dominant estate, created by (1) title (2) destination of the owner or (3) acquisitive prescription.
An example is the right to lay a pipeline on another's land.
What is the definition of collation, who can demand it, and name 1 thing subject to collation, and 1 thing not subject to collation.
Collation is where a parent favors a child during life, the child must give back at death. Only force heirs of the 1st degree can demand collation. Donations made in the past 3 years are subject to collation. Expenses for board, support, and education are not subject to collation.
What is a redhibitory defect, what are the requirements, and how does good faith/bad faith affect the seller's liability?
1. Renders the thing useless or its use so inconvenient that buyer would not have bought.
2. Diminishes the usefulness or value such that the buyer would have bought it for a lesser price.
Defect must be:
1. Not apparent (not “reasonably discoverable by a prudent buyer”)
2. Not known to buyer at time of sale
3. Existed at the time of delivery (if it appears w/in 3 days, presumed to exist then)
BF - no opportunity to repair, buyer entitled to purchase price, expenses, damages, and atty fees
GF - has opportunity to repair, buyer entitled to purchase price and reasonable expenses
Wrongful Death Action is an action brought by the surviving beneficiaries of a victim to recover damages that the beneficiaries suffer. Each eligible beneficiary is allowed to recover damages of: lost love, affection, support, grief, etc. Beneficiaries in the higher category excludes recovery by any beneficiary in a lower category.
A Survival Action allows a surviving beneficiary to recover damages that the victim could have recovered had the victim lived.
Name things you must satisfy as pre requisites for class action suits.
1. numerosity
2. commonality
3. typical claims or defenses
4. fair and adequate protection of class interests
5. objectively defined class