Jurisdiction

Question 1

Subject Matter Jursidiction (SMJ)

Answer 1

Ability of the court to hear a case based on the object of the demand and the amount in dispute.

Parish Courts- amount in the dispute or the value of the property involved does not exceed $20k, with some exceptions

City Courts- amount of the dispute or the value of the property involved does not exceed $15k, with some exceptions

Parish and City Courts do not have SMJ over the following types of cases:

1. Cases involving title to immovable property.
2. Case involving the right to public office or position.
3. Assertion of constitutional issues under the U.S. or State Constitutions.
4. Most status proceedings.
5. Where State or Parish is Defendant.

No jury trials in Parish or City Courts.

Question 2

Peronsal Jurisdiction (PJ) - Basic Definition

Answer 2

The legal power of a court to render a personal judgment against a party, independent of any property owned by him.

Question 3

PJ - Physical Presence Within State

Answer 3

1. Serve the defendant, or his agent for service of process, while physically present in the state
2. Agents for service of process may be expressly designated by the defendant or impliedly appointed by law to receive process
   
   1. SOS is impliedly appointed by law as agent for service of process for:
      
      1. Nonresident motor vehicle operators who use Louisiana roads
      2. Nonresident operators of watercraft in Louisiana
      3. Foreign or alien insurers transacting insurance business in Louisiana without certificate of authority

Question 4

Specific Jursidiction

(via Long Arm Statute)

Answer 4

A Louisiana court may exercise PJ over a nonresident who acts directly, or by an agent, as to a cause of action arising from the following activities by the nonresident:

1. Transacting any business in Louisiana*
2. Contracting to supply services or things in Louisiana*
3. Causing injury or damage by an offense or quasi-offense committed through an act or omission in Louisiana*
4. Manufacturing of a product or component thereof which caused damage or injury in Louisiana, if *
   
   1. At the time of placing the product into the stream of commerce,
   2. The manufacturer could have foreseen, realized, expected, or anticipated
   3. That the product may eventually be found in Louisiana by reason of its nature and the manufacturer’s marketing practices

Question 5

Minimum Contacts

Answer 5

D must have certain minimum contacts with the forum state such that the suit does not offend traditional notions of fair play and substantial justice

1. Whether D has purposefully directed activities at forum residents

• Factors to consider
  
  • D had a reasonable belief of being haled into court in Louisiana
  • Whether the D directed activities at the forum residents
    
    • Can argue that a party could have foreseen their product being in the market as a result of the stream of commerce

2. Once P establishes minimum contacts, burden shifts to D to prove unfairness

• Whether it is fair to subject D to PJ depends on: BIPJS
  
  • Burden on the D
  • State’s interest in the dispute*
  • P’s interest in obtaining relief
  • Judicial system’s interest in efficient resolution
  • State’s interest in substantive social policies