LA Bar cheat sheet

Erie doctrine: in diversity cases federal courts apply state substantive law (including statutes of limitations and elements of claims) and federal procedural rules; Hanna analysis asks whether a Federal Rule directly conflicts with state practice and whether the Rule is valid under the Rules Enabling Act.

Subject-matter jurisdiction cannot be waived or consented to; personal jurisdiction, venue, and service defects are waivable if not raised in the first Rule 12 motion or answer.

Diversity requires complete diversity at the time of filing and an amount in controversy exceeding $75,000, exclusive of interest and costs, judged by the plaintiff's good-faith claim.

A defendant has 21 days after service of process to respond under Rule 12(a); removal must be filed within 30 days of service of the initial pleading and no later than one year after commencement for diversity cases.

Rule 26(a) initial disclosures include identifying information for persons with discoverable information, documents, damages computation, and insurance agreements; expert disclosures follow Rule 26(a)(2).

Summary judgment under Rule 56 requires no genuine dispute of material fact; the nonmovant gets all reasonable inferences, but must point to specific record evidence, not mere allegations.

Claim preclusion requires a final judgment on the merits, identity of parties or privies, and the same claim; issue preclusion requires actual litigation and a necessary determination.

Rule 23(b)(3) class certification requires predominance of common questions and superiority; Rule 23(b)(1) and (2) cover limited fund and injunctive classes.

Article III standing requires injury in fact (concrete and particularized), causation traceable to the defendant, and redressability; third-party standing and taxpayer standing are narrow exceptions.

Rational basis review applies to social and economic legislation; intermediate scrutiny applies to sex and illegitimacy classifications; strict scrutiny applies to race, national origin, fundamental rights, and alienage (with exceptions).

Content-based restrictions on speech get strict scrutiny; content-neutral time, place, and manner regulations must be narrowly tailored to a significant government interest and leave open ample alternatives.

The Establishment Clause is analyzed under the Lemon test (secular purpose, primary effect, no excessive entanglement) or, in some contexts, historical practice and coercion tests.

Procedural due process requires notice and an opportunity to be heard before deprivation of life, liberty, or property; Mathews v. Eldridge balances private interest, risk of error, and government burden.

Congress may regulate interstate commerce under the Commerce Clause, including channels, instrumentalities, and activities substantially affecting interstate commerce; the Tenth Amendment limits commandeering of states.

The Dormant Commerce Clause bars state laws that discriminate against or unduly burden interstate commerce, subject to the market participant exception.

Privileges or Immunities under the Fourteenth Amendment are narrow; most individual rights are incorporated against states through the Due Process Clause.

Common law contract formation requires offer, acceptance, consideration, and mutual assent; the UCC applies to transactions in goods and relaxes the mirror-image rule under UCC 2-207.

Under UCC 2-201, a sale of goods over $500 requires a writing signed by the party against whom enforcement is sought, unless exceptions (admissions, part performance, specially manufactured goods) apply.

The Statute of Frauds requires a writing for marriage, year, land, executor, surety, and sale of goods over $500 (MYLEGS).

Anticipatory repudiation permits the non-breaching party to treat the contract as breached immediately or to wait for performance, subject to the duty to mitigate.

Expectation damages place the plaintiff in the position performance would have achieved; consequential damages require foreseeability under Hadley v. Baxendale, and mitigation limits recovery.

The parol evidence rule bars prior or contemporaneous oral agreements that contradict a fully integrated writing; it does not bar evidence of ambiguity, fraud, or a separate consideration.

Impracticability and frustration discharge duties when an unforeseen event makes performance impracticable or defeats the principal purpose without fault by the party.

Under the UCC, perfect tender applies to delivery obligations, but the buyer may reject only if goods fail in any respect; cure rights under UCC 2-508 limit rejection.

Common law murder is unlawful killing with malice aforethought; malice includes intent to kill, intent to inflict serious bodily harm, reckless indifference to an unjustifiably high risk, and felony murder.

Voluntary intoxication may negate specific intent but not malice; involuntary intoxication can be a complete defense if it renders the defendant unable to appreciate wrongfulness.

Self-defense requires reasonable belief in imminent unlawful force and proportional response; the duty to retreat varies by jurisdiction and the castle doctrine applies at home.

The Fourth Amendment requires a warrant supported by probable cause, subject to exceptions including consent, search incident to arrest, automobile, plain view, and exigent circumstances.

Miranda warnings are required before custodial interrogation; invocation must be unambiguous, and a request for counsel bars further interrogation until counsel is present or the suspect reinitiates.

The exclusionary rule suppresses evidence obtained through unconstitutional searches or coerced confessions, subject to good faith, inevitable discovery, and attenuation exceptions.

Double jeopardy bars retrial after acquittal or conviction and bars multiple punishments for the same offense; it does not bar retrial after mistrial or hung jury in most cases.

Felony murder requires an underlying felony that is independent of the killing; the merger doctrine excludes felonies like assault that are integral to the homicide.

Relevance requires that evidence make a fact of consequence more or less probable; Rule 403 permits exclusion if probative value is substantially outweighed by unfair prejudice, confusion, or waste of time.

Hearsay is an out-of-court statement offered for the truth of the matter asserted; non-hearsay uses include impeachment, effect on the listener, and verbal acts.

FRE 803 lists non-exclusionary hearsay exceptions, including present sense impression, excited utterance, then-existing mental, emotional, or physical condition, and business records.

FRE 804 applies when the declarant is unavailable and includes former testimony, dying declarations (in homicide cases), and statements against interest.

Character evidence is generally inadmissible to prove conduct, but may be offered to prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake (MIMIC).

Prior consistent statements may rehabilitate a witness only after an express or implied charge of recent fabrication or improper influence; prior inconsistent statements under oath are substantive evidence.

A witness may be impeached by prior conviction of a crime involving dishonesty or false statement (always admissible) or a felony subject to Rule 403 balancing.

Privileges include attorney-client, work product, spousal, and clergy; the attorney-client privilege survives death and applies to confidential communications for legal advice.

Fee simple absolute is the most complete estate; life estates, fee tail, and defeasible fees (fee simple determinable, fee simple subject to condition subsequent, fee simple subject to executory limitation) are lesser estates.

The Rule Against Perpetuities invalidates interests that may vest more than 21 years after a life in being at creation; it does not apply to charitable trusts or to options held by the government.

A deed must be in writing, signed by the grantor, identify the parties and land, and contain words of grant; delivery requires intent by the grantor.

Recording statutes: race, notice, and race-notice jurisdictions determine priority among competing purchasers; a bona fide purchaser for value without notice prevails under notice and race-notice statutes.

Adverse possession requires actual, open and notorious, exclusive, continuous possession, hostile to the true owner, for the statutory period.

A landlord may evict a tenant for nonpayment or lease violation; constructive eviction occurs when conditions render the premises uninhabitable and the tenant vacates within a reasonable time.

Easements may be created by express grant, implication, necessity, or prescription; easements in gross are not transferable unless commercial.

Mortgages: title theory versus lien theory; foreclosure extinguishes junior liens, and the purchaser at foreclosure takes subject to senior liens.

Negligence requires duty, breach, actual cause, proximate cause, and damages; the standard of care is a reasonable person under like circumstances, with special standards for children and professionals.

Res ipsa loquitur permits an inference of negligence when the accident is of a type that ordinarily does not occur without negligence, caused by an instrumentality in the defendant's exclusive control.

Strict liability applies to abnormally dangerous activities and defective products; under Restatement 402A the plaintiff must show defective condition, causation, and harm.

Products liability theories include manufacturing defect, design defect, and failure to warn; the risk-utility test and consumer expectations test guide design defect analysis.

Intentional torts include battery (harmful or offensive contact), assault (apprehension of imminent contact), false imprisonment, trespass, and conversion.

Defamation requires a false statement of fact, publication, fault, and harm; public figures must prove actual malice (knowledge of falsity or reckless disregard).

Comparative negligence reduces recovery in proportion to plaintiff's fault; contributory negligence bars recovery in a few jurisdictions; assumption of risk is an affirmative defense.

Vicarious liability: employers are liable for employees' torts within the scope of employment; independent contractors are generally not liable unless the work is inherently dangerous.

Agency requires assent, benefit to the principal, and control; actual authority may be express or implied, and apparent authority arises from the principal's manifestations to third parties.

A principal is liable for the agent's torts committed within the scope of employment under respondeat superior; intentional torts are generally outside scope unless foreseeable.

General partnerships are governed by the Revised Uniform Partnership Act; partners have joint and several liability for partnership obligations and equal rights to manage.

Limited liability companies provide limited liability to members and may be member-managed or manager-managed; fiduciary duties include care and loyalty.

Corporate formation requires articles of incorporation filed with the state; de facto corporation and corporation by estoppel doctrines protect defective formations.

Corporate directors owe fiduciary duties of care and loyalty; the business judgment rule presumes directors acted in good faith and in the corporation's best interest.

Shareholders may sue derivatively on behalf of the corporation after demand or demand futility; direct suits are for personal harm.

Securities regulation: Section 10(b) and Rule 10b-5 prohibit fraud in connection with the purchase or sale of securities; materiality and scienter are required.

A valid will requires testamentary intent, capacity, and formalities: signed by the testator and attested by witnesses as required by the jurisdiction.

Codicils amend wills; revocation may occur by physical act, subsequent writing, or operation of law (divorce, marriage in some states).

Intestate succession distributes property to heirs according to statute; surviving spouse, descendants, and parents are typical takers.

Trusts require a settlor, trustee, beneficiary, and trust property; express trusts may be revocable or irrevocable, and charitable trusts are exempt from the Rule Against Perpetuities.

The trustee owes fiduciary duties of loyalty, prudence, and impartiality; the duty to diversify investments applies under the prudent investor rule.

Spendthrift clauses protect trust assets from beneficiaries' creditors; discretionary trusts limit beneficiary control.

Probate administration includes filing the will, appointing a personal representative, inventory, and distribution after creditor claims.

Elective share statutes allow a surviving spouse to claim a portion of the decedent's estate despite a contrary will.

Louisiana is a civil law jurisdiction; the Civil Code governs persons, things, and obligations, supplemented by jurisprudence and custom where the code is silent.

Under La. C.C. art. 2315, delictual liability arises from fault causing damage; strict liability applies to things in custody under art. 2317.1 and to animals under art. 2321.

Ownership includes usus, fructus, and abusus; possession in good faith and title transfer rules differ from common law, and acquisitive prescription of 10 or 30 years applies.

Conventional obligations require consent, capacity, and a lawful, certain object; cause is not a separate requirement under the 1984 revision but error, fraud, and duress vitiate consent.

Successions in Louisiana may be testate or intestate; forced heirs are children under 24 or permanently disabled, and legitime limits testamentary freedom.

Matrimonial regimes: community property is the default; separate property includes property acquired before marriage or by inheritance, and reimbursement rules apply upon termination.

Marriage requires a license and ceremony; covenant marriage imposes additional restrictions on divorce and requires premarital counseling.

Prescription periods vary: delictual actions generally prescribe in one year under La. C.C. art. 3492, and contractual actions in ten years under art. 3499.

Louisiana Code of Civil Procedure governs procedure in state courts; the liberal pleading standard requires a short, clear statement of the claim, and the petition must state a cause of action.

Venue rules under La. C.C.P. art. 42 generally place an action where the defendant is domiciled; exceptions apply for immovable property and contractual actions.

Citation and service of process must comply with La. C.C.P. arts. 1311-1314; service may be personal, domiciliary, or by certified mail in specified cases.

Exceptions (declinatory, dilatory, peremptory) must be raised in the answer or preliminary motion; the peremptory exception of no cause of action may be noticed at any time.

Discovery is governed by La. C.C.P. arts. 1420 et seq.; the court may impose sanctions for failure to comply, including dismissal or default.

Summary judgment is available under La. C.C.P. art. 966 when no genuine issue of material fact exists; the mover bears the burden, and the adverse party must respond with specific facts.

Appeals: devolutive appeal delays are 60 days from judgment or notice for most cases; suspensive appeals require a bond and suspend execution.

Executory process allows seizure and sale without a full trial when the act of mortgage contains the confession of judgment and the debt is authentic.

ABA Model Rule 1.1 requires competent representation; Rule 1.3 requires diligence and promptness, and Rule 1.4 requires communication with the client.

Rule 1.6 prohibits revealing client information without informed consent, subject to exceptions for preventing death or substantial bodily harm, compliance with law, and defending claims.

Conflict rules: Rule 1.7 governs concurrent conflicts (material limitation), Rule 1.9 former client conflicts, and Rule 1.10 imputation of conflicts within a firm.

Rule 1.5 prohibits unreasonable fees and requires written fee agreements in contingent cases; Rule 1.15 requires safekeeping of client funds in trust accounts.

Rule 3.3 requires candor to the tribunal; a lawyer may not offer false evidence and must disclose adverse legal authority not disclosed by opposing counsel.

Rule 4.2 prohibits communication with a represented party about the subject of representation without consent of that party's counsel.

Rule 8.3 requires reporting a lawyer who has committed a violation raising a substantial question as to honesty, trustworthiness, or fitness.

Advertising under Rule 7.1 must not be false or misleading; solicitation under Rule 7.3 is restricted for live person-to-person contact with prospective clients.

Louisiana Rules of Professional Conduct are modeled on the ABA Model Rules but include state-specific variations, including trust account rules and advertising restrictions.

Louisiana requires attorneys to maintain client trust accounts and comply with IOLTA rules; commingling client funds with operating funds is prohibited.

Louisiana Rule 1.5 requires written contingent fee agreements and prohibits fees that are clearly excessive; fee disputes may be submitted to the Louisiana State Bar Association.

Confidentiality under Louisiana Rule 1.6 permits disclosure to prevent death or substantial bodily harm and to comply with law or court order.

Conflicts of interest under Louisiana Rules 1.7-1.10 follow the Model Rules, with imputation rules and screening provisions for lateral hires.

Candor to the tribunal under Louisiana Rule 3.3 requires disclosure of adverse legal authority and prohibits false statements of fact or law.

Louisiana Rule 8.3 requires reporting misconduct that raises a substantial question as to honesty, trustworthiness, or fitness; the Louisiana Attorney Disciplinary Board handles complaints.

Advertising must comply with Louisiana Rule 7.1 and the Louisiana State Bar Association's filing requirements; misleading claims about specialization are prohibited.

Louisiana tort law is codified in Civil Code articles 2315-2322; fault, causation, and damage are required, and comparative fault under art. 2323 reduces recovery.

Strict liability for defective things under La. C.C. art. 2317.1 requires the thing to be in the defendant's custody and to have a defect creating an unreasonable risk of harm.

Manufacturers are liable for defective products under the Louisiana Products Liability Act (LPLA), which requires a characteristic that causes damage and makes the product unreasonably dangerous.

Vicarious liability under La. C.C. art. 2320 makes employers liable for employees' torts in the course and scope of employment.

Louisiana follows pure comparative fault; the plaintiff's recovery is reduced by the percentage of fault, and joint and several liability is limited by art. 2324.

Wrongful death and survival actions under La. C.C. arts. 2315.1-2315.2 are available to specified beneficiaries in a set order.

Intentional torts include battery, assault, false imprisonment, and trespass; the duty-risk analysis applies to negligence claims.

Prescription for delictual actions is one year under La. C.C. art. 3492, and contra non valentem may suspend prescription in limited circumstances.

Under La. C.C. art. 1906, a contract requires consent, capacity, and a certain object; cause is presumed and need not be expressed.

Error, fraud, and duress vitiate consent under La. C.C. arts. 1948-1959; error must go to the principal cause of the contract.

Lesion is a remedy for certain contracts, such as sale of immovables, when the price is less than half the value (La. C.C. art. 2589).

Obligations may be conventional or legal; conventional obligations arise from contract, and good faith governs performance under art. 1983.

Damages for breach include foreseeable loss and gain; moral damages are available in limited cases, and specific performance is favored for obligations to give.

Nullity may be absolute (violation of public order) or relative (protection of a private interest); relative nullity may be confirmed.

Solidary liability is presumed only when provided by law or contract; Louisiana does not presume solidarity, unlike common law joint and several liability.

Prescription for contractual actions is ten years under La. C.C. art. 3499 unless a special period applies.

Testate successions require a valid will; Louisiana recognizes olographic and notarial wills, each with specific formalities under La. C.C. arts. 1574-1575.

Forced heirs are descendants under 24 or permanently disabled; the legitime is a portion of the estate that cannot be disposed of by will.

Intestate succession follows La. C.C. arts. 880-902; descendants take first, then ascendants, then collaterals, with a usufruct for the surviving spouse in some cases.

Community property is the default regime; separate property includes property acquired before marriage, by inheritance, or by donation, and reimbursement applies upon termination.

The community terminates upon death, divorce, or judgment of separation; an inventory and partition follow, and the surviving spouse may have a usufruct over the deceased spouse's share.

Covenant marriage requires premarital counseling and permits divorce only on specific grounds, including adultery, felony imprisonment, or abuse.

Donations inter vivos and mortis causa are governed by the Civil Code; form requirements and the prohibition on donations to certain persons apply.

Probate administration includes filing the will, appointing an executor, and paying creditors in the order established by the Civil Code.

Natural and juridical persons have rights and duties; capacity is presumed, and minors and interdicts have limited capacity under La. C.C. arts. 25-30.

Things are corporeal or incorporeal, and ownership includes usus, fructus, and abusus; possession must be continuous, public, peaceful, and unequivocal to support prescription.

Acquisitive prescription of 10 years requires good faith and just title; 30-year prescription requires only possession for the statutory period.

Conventional obligations require consent, capacity, and a certain object; cause is presumed, and error, fraud, and duress vitiate consent.

Obligations may be solidary, divisible, or indivisible; solidarity is not presumed and must be express or provided by law.

The codal provisions on obligations include damages for breach, specific performance, and resolution for nonperformance.

Ownership may be acquired by accession, occupation, or prescription; servitudes may be established by title or prescription.

Real rights include ownership, usufruct, habitation, and servitudes; personal rights arise from obligations and are enforceable against the obligor.

The petition must state the plaintiff's name, the defendant's name and address, and a short, clear statement of the claim; the answer must admit or deny each allegation.

The peremptory exception of no cause of action tests whether the law affords a remedy; the exception of no right of action tests whether the plaintiff has a legally recognized interest.

The exception of prescription may be raised at any time before the case is submitted; the burden is on the party asserting prescription.

Discovery devices include interrogatories, requests for production, depositions, and requests for admission; the court may order sanctions for noncompliance.

Summary judgment under La. C.C.P. art. 966 requires no genuine issue of material fact; the mover must support the motion with affidavits and evidence.

The delay for a devolutive appeal is 60 days from the judgment or notice; a suspensive appeal requires a bond and suspends execution.

Executory process allows seizure and sale without a full trial when the act of mortgage contains the confession of judgment and the debt is authentic.

Venue may be waived if not raised in the answer or a preliminary motion; the court may transfer the case for improper venue.

Louisiana Rule 1.15 requires client funds to be held in a trust account and prohibits commingling; records must be maintained for a specified period.

Rule 1.6 confidentiality permits disclosure to prevent death or substantial bodily harm and to comply with law or court order.

Rule 1.7 concurrent conflicts require informed consent confirmed in writing when the representation is materially limited.

Rule 3.3 candor requires disclosure of adverse legal authority and prohibits false statements of fact or law.

Rule 4.2 prohibits communication with a represented party about the subject of representation without consent of that party's counsel.

Rule 8.3 requires reporting misconduct that raises a substantial question as to honesty, trustworthiness, or fitness.

Advertising must comply with Rule 7.1 and the Louisiana State Bar Association's filing requirements; misleading claims about specialization are prohibited.

Fee agreements must be reasonable and, for contingent fees, in writing; fee disputes may be submitted to the Louisiana State Bar Association.

La. C.C. art. 2315 imposes liability for fault causing damage; fault includes negligence, intentional acts, and strict liability in specified cases.

La. C.C. art. 2317.1 imposes strict liability for defective things in custody when the defendant knew or should have known of the defect and failed to remedy it.

The Louisiana Products Liability Act (LPLA) requires an unreasonably dangerous characteristic, damage, and causation; defenses include assumption of risk and misuse.

Comparative fault under La. C.C. art. 2323 reduces recovery; joint and several liability is limited by art. 2324.

Wrongful death and survival actions under La. C.C. arts. 2315.1-2315.2 are available to specified beneficiaries in a set order.

Prescription for delictual actions is one year under La. C.C. art. 3492; contra non valentem may suspend prescription in limited circumstances.

Vicarious liability under La. C.C. art. 2320 makes employers liable for employees' torts in the course and scope of employment.

Intentional torts include battery, assault, false imprisonment, and trespass; the duty-risk analysis applies to negligence claims.

La. C.C. art. 1906 requires consent, capacity, and a certain object; cause is presumed and need not be expressed.

Error, fraud, and duress vitiate consent under La. C.C. arts. 1948-1959; error must go to the principal cause of the contract.

Lesion is a remedy for certain contracts, such as sale of immovables, when the price is less than half the value (La. C.C. art. 2589).

Obligations may be conventional or legal; conventional obligations arise from contract, and good faith governs performance under art. 1983.

Damages for breach include foreseeable loss and gain; moral damages are available in limited cases, and specific performance is favored for obligations to give.

Nullity may be absolute (violation of public order) or relative (protection of a private interest); relative nullity may be confirmed.

Solidary liability is presumed only when provided by law or contract; Louisiana does not presume solidarity, unlike common law joint and several liability.

Prescription for contractual actions is ten years under La. C.C. art. 3499 unless a special period applies.

Testate successions require a valid will; Louisiana recognizes olographic and notarial wills, each with specific formalities under La. C.C. arts. 1574-1575.

Forced heirs are descendants under 24 or permanently disabled; the legitime is a portion of the estate that cannot be disposed of by will.

Intestate succession follows La. C.C. arts. 880-902; descendants take first, then ascendants, then collaterals, with a usufruct for the surviving spouse in some cases.

Community property is the default regime; separate property includes property acquired before marriage, by inheritance, or by donation, and reimbursement applies upon termination.

The community terminates upon death, divorce, or judgment of separation; an inventory and partition follow, and the surviving spouse may have a usufruct over the deceased spouse's share.

Covenant marriage requires premarital counseling and permits divorce only on specific grounds, including adultery, felony imprisonment, or abuse.

Donations inter vivos and mortis causa are governed by the Civil Code; form requirements and the prohibition on donations to certain persons apply.

Probate administration includes filing the will, appointing an executor, and paying creditors in the order established by the Civil Code.