Prior exam topics

Question 1

are juries allowed to see a transcript of testimony during deliberations

Answer 1

no but if they really want to, judge can order them back into chambers and read them the transcript

Question 2

JNOV standard to grant

Answer 2

considering all evidence in light most favorable to non moving party

the facts and inferences so strongly and overwhelmingly favor the moving party that

reasonable persons could not reach a contrary result

Question 3

JNOV time period to file

Answer 3

within 7 days of MAILING OR SERVICE of judgment

Question 4

motion for new trial standard to grant

Answer 4

considering all the evidence WITHOUT favoring either party

drawing her own inferences and conclusions , and evaluating the credibility of witnesses

finding that the verdict was clearly contrary to law and evidence

Question 5

if you want to increase damage award

Answer 5

motion for additur

must be consented to

in alternative move for new trial on the issue of quantum

Question 6

if something is really bad and client wants to stop it immediately

Answer 6

file a petition for a temporary restraining order

must meet standard of irreparable harm, incapable of being compensated by money damages

Question 7

if venue was improper, defense counsel files

Answer 7

declinatory exception of improper venue

note must be filed before or in answer to be timely

Question 8

if defendant is out of state corporation with no office/PPB in state, how to serve?

Answer 8

send first class mail with citation and petition

if no response

then court may appoint attorney to represent

Question 9

if defendant believes no personal jurisdiction, defense counsel

Answer 9

files declinatory exception of lack of personal jurisdiction

Question 10

juror lives 200 miles away. how to get to testify?

Answer 10

serve subpoena

plaintiff must make deposit with clerk OR provide check with subpoena to cover travel expenses at $.20 a mile and fee of $25/day plus $5/day for hotels and meals

Question 11

how to get a resolution on contract terms now?

Answer 11

file aa petition for declaratory judgment

Question 12

if money judgment is about to expire

Answer 12

means that 10 years has passed since date issued

file ex parte motion to revive judgment, affidavit stating no payment has been made (no notice or service required)

must be filed in court and suit in which judgment issued

filing interrupts 10 years prescription

after revival judgment granted, clerk of court should mail to judgment debtor’s last known address

Question 13

if judgment is currently valid against debtor, how to determine if defendant has seizable assets

Answer 13

file motion to examine judgment debtor in court that rendered judgment

Question 14

if defendant in money judgment has seizable assets, how to seize

Answer 14

plaintiff should file petition for garnishment where garnishee (entity w/ assets or paying wages) has PJ

then serve citation, petition, garnishment interrogatories, and notice of seizure on ganishee

once entity admits that it holds funds / pays debtor, then writ of fieri fifas issued to entity to deliver funds

Question 15

if discovery is way too intrusive / broad, defendant counsel should

Answer 15

file a motion for protective order

Question 16

how long does tenant plaintiff have to file suspensive appeal bond amount?

Answer 16

24 hours after eviction judgment issued after losing trial

Question 17

when lawyer signs a pleading, he certifies:

Answer 17

after reading it and a reasonable inquiry, to the best of her knowledge, information, and belief:

(1) the pleading is not being used to harass, delay, or increase costs
(2) the pleading is warranted by existing law or a nonfrivolous argument to extend existing law
(3) the claim has or is likely to have evidentiary support AND
(4) each denial is warranted by evidence or reasonable based on lack of information

Question 18

lawyer’s signature impart certification under 863 for X filings:

Answer 18

petitions
answers
written motions
exceptions

Question 19

if appellate court rules that suspensive appeal bond is insufficient, how to cure?

Answer 19

within 4 days of judgment holding bond insufficient, must furnish new or supplemental bond with new or additional surety

Question 20

if RFP and petition filed at same time, how long to respond to RFP?

Answer 20

within 30 days of service of petition

Question 21

if one defendant was not served within 90 days, what can D do to get dismissed? any defenses for plaintiff?

Answer 21

either file a declinatory exception to insufficiency of service
OR
motion for involuntary dismissal

plaintiff may only defend by showing good cause as to why service was not requested within time period

Question 22

petition did not request jury trial. how/when can defendants lawyers request jury trial?

Answer 22

either in answer or within 10 days after service of last pleading, including answer.

moving party must also file bond to cover court costs, plus $150 jury filing fee

Question 23

how many interrogaatories available without requesting leave of court?

Answer 23

35. only to parties.

Question 24

D may amend his answer within __ days without leave of court

Answer 24

10

Question 25

how to depose a corporation, without knowing who specifically you need to depose?

Answer 25

file 1442 notice of deposition on the corporation name corporation as deponent, list topics you want to discuss corporation then names offiicers who will be deposed on corporations' behalf

Question 26

question is about objections in deposition. discuss.

Answer 26

objections during depositions should be made concisely, and in a non- suggestive manner. improper to instruct the witness how to answer through long objections. the only objections that are waivied if not made during deposition is that as to objection to the form of the question

Question 27

question is about burdensome discovery, what can defense counsel do.

Answer 27

file a motion for protective order showing that discovery requests are burdensome, and intended to annoy and oppress defendants. also plead that information is irrelevant and not calculated to lead to the discovery of admissible evidence, and as such is beyond the scope of discovery

Question 28

time limits and pleadings to test expert's qualifications

Answer 28

60 days before trial file motion for pretrial hearing to determine whether expert qualifes contradictory hearing must be held no less than 30 dayas before trial judge must issue ruling within 5 days of hearing

Question 29

offer of judgment rules and timeline

Answer 29

20 days or more before trial either party may make a written offer to settle all claims without admission of liability must specify amount. to accept, must serve within 10 days of reciept of offer

Question 30

motion to reduce damages awarded by jury

Answer 30

motion for remittur

Question 31

motion for new trial period to file

Answer 31

must be filed within 7 days of MAILING OR SERVICE of notice of judgment

Question 32

suspensive and devoluative appeal deadlines to file

Answer 32

30 days for suspensive, 60 days for devoluative runs from date of denial of motion for JNOV/new trial OR if no JNOV/new trial motion filed, from the date at which that right expired.

Question 33

time frame to answer appeaal

Answer 33

15 days from return day or lodging of record of aappeal

Question 34

action to establish ownership if not in posession

Answer 34

petitory action standard = prove that has title that is good against the world

Question 35

action to establish ownership iif in posession

Answer 35

posessory action

Question 36

timeline to enjoin some bad effect that will cause irreparable harm

Answer 36

file ex parte TRO - effective up to 10 days hold hearing between 2 and 10 days to issue preliminary injunction after full trial, permanent injunction available

Question 37

sanctions available for violations of article 863

Answer 37

judge may impose on attorney or represented party: | sanctions, including order to pay attorney fees and expenses incurred because of filing of pleading

Question 38

at end of plaintiff's case before jury, defense can move for ____ to have case dismissed

Answer 38

move for directed verdict on grounds that P has shown no right to relief standard = facts and inferences are so overwhelmingly in favor of the moving party that reasonable minds could not reach a contrary verdict

Question 39

if mortgage includes confession of judgment, how to proceed to enforce mortgage as creditor?

Answer 39

file executory process attach to petition = promissory note, authentic act of mortgage, certified copy fo board of directors resolution authorizing debt; and mortgage including confession of judgment ** remember that to proceed in executory process, mortgage must be by authentic act

Question 40

what does sheriff do in foreclosure suit when property directed by court to do so?

Answer 40

(1) sheriff seizes property (2) gives notice to defendant owners (3) provides Mennonite notices to all other third party lien holders (4) advertises sale (5) appraises the property (6) hold 1st auction of property (7) if property does not get 2/3 of appraised value at 1st auction, hold 2nd auction with minimum of sheriff's fees + superior lien holders (8) distribute proceeds to appropriate parties

Question 41

if foreclosed property does not sell for amount owing to bank, bank lawyers file

Answer 41

convert executory process into ordinary proceeding or file seperate suit to proceed in deficiency judgment.

Question 42

after a default judgment, your client either (1) is not liable for the debt to which he was defaulted or (2) was improperly served. what do you do?

Answer 42

(1) too late to exert peremptory exception of no cause of action. client had opportunity to be heard, so no nullity for vice of substance. therefore, nothing to be done, is liable (2) for improper service, seek nullity of judgment for vices of form -- ie, insufficiency of service

Question 43

if facts show that suit has met abandonment threshold, what do you recommend to client?

Answer 43

recommend do nothing. the suit has already been deemed abandoned if at any time three years passes without any party taking any steps in prosecuting or defending a claim.

Question 44

an executory proceeding is available for foreclosure when

Answer 44

(1) the mortgage was an authentic act form AND | (2) contained a confession of judgment clause

Question 45

venue for executory foreclosure of immovable property

Answer 45

(1) parish where immovable located OR | (2) parish of the individual debtor's domicile

Question 46

in opposition to a declinatory exception for lack of personal jurisdiction, may plaintiff submit discovery to defendant?

Answer 46

yes. plaintiff is entitled to submit evidence in opposition to declinatory exception therefore, to obtain evidence, plaintiff may submit discovery requests. note: only proper if discovery limited to jurisdiction-specific questions

Question 47

note: when joint tortfeasors are being sued, venue is proper where

Answer 47

where venue is proper for either defendant, because venue which is proper as to either of joint obligors is proper as to both joint obligors

Question 48

when filing a suspensive appeal, what is time limit for appeal and for bond?

Answer 48

30 days from the expiration of the period of time to file a JNOV/m4nt OR from denial of such for both appeal filing and bond filing

Question 49

if time for declinatory exception has passed, how to get suit into proper venue?

Answer 49

file a motion of forum non conveniens, alleging the transfer is necessary for the convenience of witnesses and evidence and in the interest of justice. note: if suit was filed in plaintiff's domicile, this is available only when the original venue was IMPROPER, not just inconvenient

Question 50

Deposition may be taken over electronic or phone means when

Answer 50

Parties consent Or By court order

Question 51

Civil trial jury verdict requires how many jurors out of 6 or 12?

Answer 51

5 of 6 9 of 12

Question 52

As an officer of the court attorney must

Answer 52

Conduct himself with decorum consistent with dignity and authority of the court Treat all participants with due respect Not interrupt opposing counsel or impede orderly business Not encourage false evidence

Question 53

if court has already ruled in plaintiff's favor on a motion to compel discovery, and defendant still does not respond, what action should plaintiff take and what are the three valid responses?

Answer 53

file a motion for sanctions court should grant sanctions. they may: (1) deem the matter proved (2) exclude defendant's evidence or (3) impose costs and attorneys fees against defendant (4) strike pleadings or enter default judgment against D (5) hold D in contempt

Question 54

landlord wants to evict. what must she do

Answer 54

after tenant is in violation of the lease must give written notice to tenant to vacate within 5 days

Question 55

if tenant does not vacate after written notice and five days, landlord may

Answer 55

file a rule to show cause to deliver the premises rule will be heard 3 or more days after service of the rule if tenant fails to vacate within 24 hours of judgment on rule, court will issue warrant directing sheriff to take possession

Question 56

how may tenant remain in possession after an adverse ruling on the rule to show cause filed by landlord?

Answer 56

tenant may file a suspensive appeal and bond within 24 hours of judgment of eviction note: has lost this right if he did not contest rule at hearing

Question 57

if someone holds money and multiple claimants, what does that person/entity do?

Answer 57

file a concursus pleading. name all the claimants as defendants venue is where the property in dispute is situated deposit disputed money into the registry of the court then court determines who gets what

Question 58

if a defendant has been served but has done nothing by 30 days after being served, then what is available?

Answer 58

default judgment

Question 59

how does default judgment proceed?

Answer 59

plaintiff files a motion to entry of a preliminary default after two days, exclusive of weekends and holidays, plaintiff may appear and prove the default by showing that defendant failed to answer then final default judgment will be entered. is same as final judgment on the merits

Question 60

party wishes judge to explain judgment rendered from bench or in writing. what can party do?

Answer 60

within 10 days of mailing of judgment, party can request the court to issue written findings of fact and reasons for judgment

Question 61

if defendant A is dismissed, can plaintiff appeal?

Answer 61

yes. under 1915A, a partial final judgement is one that dismisses less than all the parties. partial final judgments are immediately appealable

Question 62

can an exception of prescription be filed the night before trial?

Answer 62

yes. peremptory exceptions may be filed any time up to and during trial.

Question 63

if person died and was not a domiciliary of louisiana, where file succession?

Answer 63

if in Louisiana, then mandatory to open succession where immovable property located.

Question 64

4 bases to challenge a juror for cause

Answer 64

(1) lack of legal qualification such as age (2) has formed an opinion or is otherwise not impartial (3) relations between juror and party or attorney would influence juror (4) juror takes the 5th during voir dire

Question 65

motion for summary judgment - when filed /when response due

Answer 65

motion for summary judgment must be filed and served at least 65 days before trial. non-movant's opposing documents must be served 15 days before hearing

Question 66

mandatory grounds for judge's recusal from a case

Answer 66

when he: (1) is a witness (2) has been employed or consulted as attny in the case (3) has been associated with a party attorney while the case was ongoing, and the judge participated in the representation (4) is a spouse, parent, child, or immediate family member of party or party attorney (5) is biased, prejudiced or interested in the case

Question 67

what documents may be filed in support of or in opposition to a motion for summary judgment?

Answer 67

(1) pleadings (2) memoranda (3) affidavits (4) depositions (5) answers to interrogatories (6) certified medical records (7) written stipulations (8) admissions

Question 68

how to be able to ask jury to consider the fault of a non-party in calculating contributory negligence?

Answer 68

in answer, defendant must plead the affirmative defense of the third party's negligence or fault. at trial, must introduce and file evidence regarding the third party;s fault then before jury instructions are made, file request with judge to instruct jury at their option to consider fault of third party

Question 69

if a party identifies a witness after responding to discovery request completely, duty to disclose?

Answer 69

yes. normally, no duty to disclose, but when a new previously unidentified witness has come forward, responding party must supplement

Question 70

motion for new trial shoulud be granted beyond the evidentiary evaluation when

Answer 70

(1) new evidence has come to light which could not have been discovered before trial with due diligence OR (2) the jury was bribed or there was jury misconduct

Question 71

long arm personal jurisdiction analysis (2)

Answer 71

consider (1) was the injury to plaintiff done in louisiana, caused by defendant's tortious conduct outside of louisiana PLUS did defendant regularly do or solicit business, or engage in persistent course of conduct, or derive substantial revenue from lousiana? OR (2) could D foreseeably have anticipated that the product might be found in louisiana by reason of its nature and defendant's marketing practices? THEN ADD constitutional analysis of fair play and substantial justice

Question 72

if judge does a dumb thing and a party is prejudiced, what do you do?

Answer 72

file a supervisory writ seeking review must be filed within reasonable time, not to exceed 30 days from action

Question 73

in discovery, if defendant has interrogatories that are answerable by documents subject to an RFP, how to make life easier?

Answer 73

can state in interrogatories where in RFP documents the answers may be found

Question 74

what are some reasons that a court may deny consolidation of two actions?

Answer 74

``` if consolidation could - cause jury confusion; prevent a fair and impartial trial; give a party an undue advantage; or prejudice a party. ```

Question 75

if someone dies intestate with assets under $___k, how to proceed?

Answer 75

under $125k, it's a small succession for this to be completed, no need to file any judicial proceedings. instead, heirs should execute an affidavit that states: date of death, name and address of heirs, itemized list of property, heir's interest in said property, statement that heirs accept succession, and affidavit of correctness an original of affidavit should be given to banks, etc for property payment; also filed in conveyance records of parish where immovable property if any is owned

Question 76

what does a lawyer's signature on discovery response certify?

Answer 76

after reading it and after reasonable inquiry to the best of her knowledge and belief: (1) the response is consistent w ith discovery rules (2) warranted by law (3) not interposed for any improper purpose such as to delay or increase costs AND (4) not unreasonable, unduly burdensome given the nature of the litigation

Question 77

what does defendant do when multiple suits filed against him by same plaintiff?

Answer 77

file a declinatory exception of lis pendens in the parish where the first of identical suits was filed.

Question 78

in a motion for summary judgment, when and what documents does plaintiff file reply to opposition?

Answer 78

5 days before trial | no documents may be attached

Question 79

judge must rule on motion for summary judgment when?

Answer 79

at least 20 days before trial

Question 80

how to get appointed as independent executor?

Answer 80

if appointed by testament, then file the testament with the court as sufficient authorization

Question 81

definition of irreparable harm in TRO context

Answer 81

= that which is incapable of being compensated for by money damages

Question 82

to get jury trial, what must plaintiff do in petition?

Answer 82

demand jury trial | state that damages will exceed threshold for jury trial of $50,000

Question 83

JNOV full standard language

Answer 83

After considering the evidence in the light most favorable to Plaintiff, if the facts and inferences so strongly and overwhelmingly favor Driver that reasonable persons could not reach a contrary result, the court should grant the motion. However, if there is substantial evidence of such quality and weight that reasonable persons might reach a different conclusion, the motion should be denied.