Code 1 Flashcards

Question

What is adultery of a spouse?

Answer 1

It is not limited to sexual intercourse; other acts of sexual contact have been sufficient to prove adultery and obtain an immediate divorce.

Answer 2

It must be proven by corroborated testimony. The admission of the offending spouse alone will not be enough. In the event that there is only indirect or circumstantial evidence, the petitioner must show facts or circumstances that lead fairly and necessarily to the conclusion that adultery has been committed.

Answer 3

One co-owner may not prohibit another from using the co-owned thing in accordance with its destination.

Answer 4

When a co-owner makes a substantial improvement over his fellow co-owners' express objections, he can be compelled to remove the thing at his expense, with damages paid to the other co-owners for any injuries they have sustained as a result of the improvement.

Answer 5

Unless otherwise specified by contract or law, co-owner's shares are equal and they contribute to the expenses related to the co-owned thing in proportion to those shares.

Answer 6

Under LA law, after the passage of 5 years, any interested person can petition the court to receive a declaration of death of the absent person.

Answer 7

An absent person is one who has no representative in this state and whereabouts cannot be ascertained with diligent effort

Answer 8

He is entitled to recover his property that still exists in the condition in which it is found from those who took it as his successors or from their transfer of gratuitous title. If the property is transferred by onerous title, the person who reappears is entitled to recover the net proceeds of the alienated property.

Answer 9

A naked owner is responsible for extraordinary repairs that involve reconstruction of a whole or substantial part of the co-owned thing.

Answer 10

A declaration in an authentic act or act under private signature duly acknowledged, filed in the appropriate public record, give copy to spouse prior to filing

Answer 11

The separate property of the debt incurring spouse and the entirity of the community property at the hands of either spouse.

Answer 12

Registered movables like a car are solely and exclusively managed by the spouse whose name the property is registered or issued.

Answer 13

The sale of furniture or furnishings while located in the family home requires the concurrence of both spouses. The action is relative nullity and the non-consenting spouse can sue to have it set aside.

Answer 14

Both spouses

Answer 15

Only the testimony of a private investigator and the mere belief from friends and family that adultery has occurred

Answer 16

If there was a fault-based divorce, other party bears burden. If the party seeking final support obtains a divorce based on the fault of the other spouse, a court presumes that the claimant is free from fault and the opponent must affirmatively prove the claimant was at fault.

Answer 17

With written consent of a naked owner, a usufructuary is permitted to make improvements. If the naked owner refuses to consent, the usufructuary seeking to make improvements or alterations may seek court approval to do so.

Answer 18

Only with the consent of all co-owners can a party make substantial improvements or alterations. When a co-owner acts alone to make such improvements and they are consistent with the use of the property, the other co-owner is compelled to keep the improvement and pay for it.

Answer 19

No, they make improvements at their own expsense

Answer 20

One that requires reconstruction of the whole or substantial party of the property

Answer 21

He may make the repairs but must do so within a reasonable time and in the manner least inconvenient and onerous for the usufructuary.

Answer 22

They bear necessary expenses in proportion to their shares.

Answer 23

Co-owners share in the fruits produced by the co-owned thing in proportion to their ownership.

Answer 24

1. free from legal impediments (incest, bigamy, age) 2. Attend a valid wedding ceremony 3. Express their free consent to wed at the ceremony

Answer 25

No, but it could result in a null marriage. A null marriage is a legal marriage that can be declared null by a party if consent was not free .If the party whose consent was not free later confirms the marriage, they lose the right to annul.

Answer 26

1. The parties must be physically present 2. The ceremony must be performed by a third person who is qualified, or reasonably believed by the parties to be qualified.

Answer 27

Members of the class of persons generally recognized as empowerered to perform such ceremonies, whether or not properly registered to do so

Answer 28

-Adultery -Commission of a felony and sentenced to death or hard labor -Abuse during the marriage

Answer 29

You would need a sever ability clause. But likely it is not severable. (Acurio dissent)

Answer 30

Any time before or during the marriage or after the divorce

Answer 31

Authentic act or act under private signature duly acknowledged

Answer 32

You cannot waive it. LSC has held that the waiver is contrary to public policy because of the mutual duties of support owed during the marriage. Because the spouses are still married pending a final judgment of divorce, the mutual duty to support the other spouse persists on an interim basis.

Answer 33

If one parent can show by clear and convincing evidence that sole custody to one parent is in the best interest of the child?

Answer 34

Ultimately, the court makes a custody determination based on the facts presented at the hearing

Answer 35

The domiciliary parent is the parent with whom the child primarily resides, even though the other parent must be assured frequent and continuing contact with the child

Answer 36

In a custody order if the parties cannot agree on the details, the court will issue a custody implementation order which will name a domiciliary parent and provide the schedule of physical custody of the children. The implementation order could also require one parent to seek anger management courses or participate in substance abuse prevention.

Answer 37

Potential for abuse Abusive history Prior relationships Ability to provide Health of parent Emotional ties Location Preference child, if reas. Stability Cooperation of parents History of school and community Ability to nurture Moral character Prior caregiving

Answer 38

Paramount consideration is best interest of the child standard. If consent decree based on stipulated judgment -material change of circumstance -modification in BIOC If considered decree (heavier burden) -so deleterious to the child to justify modification of the custody decree or by -clear and convincing evidence that harm likely to be caused by the change of environment is substantially outweighed by advantages to the child

Answer 39

-so deleterious to child to justify modification -proof by clear and convincing evidence that the harm is likely to be caused by change of environment substantially outweighed by its advantages to the child

Answer 40

Best interest of the child Material change in circumstance

Answer 41

1 year from birth of child or 1 year from actual or constructive knowledge that he may not be the biological child, whichever is later

Answer 42

Clear and convincing

Answer 43

Any property possessed during the marriage is community property. Overcome by a preponderance of the evidence

Answer 44

When a couple acquires a home on credit during the existence of a community property regime, the source of the funds used to make the down-payment or cash portion of the price determines is classification. That the couple purchased the rest with a loan or may have used funds of a different classification to make a note payments throughout the marriage do not bear on classification. The consequentiality test does NOT apply to credit acquisitions

Answer 45

Try to uncomingle. Bank accounts are treated as money and the commingling does not result in the loss of ownership

Answer 46

Separate property They will be presumed community because it is possessed but the spouses during the marriage, the spouse arguing separate property can easily rebut the presumption

Answer 47

Court approval

Answer 48

Yes with court approval

Answer 49

To be in the form of an authentic act or an act under private signature duly acknowledged by the spouses

Answer 50

When buildings are made of the separate property of a spouse with community property, the building belongs to the owner of the ground as separate property

Answer 51

Former spouses can recover direct educational expenses and living expenses paid for the student spouse when -education and training increased earning power of student spouse -contributing spouse did not benefit from the increased earnings

Answer 52

Claimant's expectation of shared benefit when contributions were made Degree of detriment suffered but he claimant in making contributions Magnitude of benefit received by the other spouse

Answer 53

Community obligations This can be rebutted by contrary evidence

Answer 54

Not for common interest of the spouse or in the best interest of other spouse (ex. gambling. although one spouse might imagine a situation in which a spouse gambling is an attempt to put food on the table, it is not the case when H withdraws from children, spends time drinking/gambling"

Answer 55

You can sever a waiver of final spousal support from an invalid premarital agreement. You still have to get it duly acknowledged, but there is not the requirement of the courts becoming involved.

Answer 56

1. Where lived with parent for 6 months before proceeding 2. Was child's home state within the last 6 months and not in the state, but a parent still lives in the state 3. State that was child's home state within a year and there is an emergency Exceptions: La can still have jurisdiction has no court has jurisdiction or another state declines jurisdiction if -both child and one parent has significant connect -substantial evidence

Answer 57

Material change in circumstance

Answer 58

Court approval is needed during the marriage for a matrimonial agreement that modifies or terminates a matrimonial agreement during marriage UNLESS the couple is opting into the legal regime of community property. Then court approval is not necessary

Answer 59

Parties who enter into an absolutely null marriage may still be entitled to the civil effects of the marriage if they entered into the null marriage in good faith. Good faith is the honest and reasonable belief that there was no impediment to marriage when it was contracted. Generally, good faith is presumed and the burden of proof rests on the party who challenges its existence. For a spouse who is a party to a prior undissolved marriage, that spouse will not enjoy the presumption of good faith and will have to affirmatively prove its existence. The civil effects continue in favor of the other, innocent party regardless of whether they remain in good faith, until the marriage is declared null or the innocent party contracts a valid marriage. When the cause for nullity is is one party's undisolved prior marriage, the civil effects continue in favor of the other, inncocent party, regardless of whether they are in good faith, until the marriage is declared null or the innocent party contracts a valid marriage

Answer 60

You owe n.o. the value of the thing at the time of donation

Answer 61

Until the marriage is declared null by a court or until they contract a valid marriage.

Answer 62

A no-fault 103(1) divorce

Answer 63

The divorce will be granted quickly. You only need to wait for the general procedural delays.

Answer 64

The other spouse is presumed free from fault for purposes of receiving final spousal support.

Answer 65

Inception of title

Answer 66

A claiming spouse cannot recoup for community funds used and uncompensated labor done on separate property if it would be double dipping.

Answer 67

When they were not paid or were under paid They may get 1/2 the increase in the value

Answer 68

If an obligation "results from an intentional wrong" it will be a separate obligation "to the extent it does not benefit both spouses, the family, or the other spouse".

Answer 69

1. Passage was previously exercised (even if not shortest route and even if act of alienation does not mention) 2. Cannot be a voluntary act to enclose

Answer 70

Juridical link

Answer 71

Usufruct cannot compel n.o. to rebuild home. The home was destroyed by force manure, no one I required to replace it. The usufruct has the right to use the property subject to the usufruct in the condition it exists and to return the property to the naked owner at the end. There is no guarantee of continuing value.

Answer 72

A usufruct cannot make improvements or alterations on the property subject to the usufruct without written consent of the owner or permission from the court. Building a home on the property is an improvement or alteration. If going to court, usufruct must prove that the improvements are one that a prudent administrator would make.

Answer 73

IF the usufruct rebuilds the home, they cannot get reimbursement now or at end of usufruct. Improvements are made at sole expense of usufructuary