LA Bar key terms

A set of facts giving rise to a legal right to sue for relief. Under Louisiana's fact pleading, a petition need only state the material facts, not the legal theory, to survive an exception of no cause of action.

A peremptory exception testing whether the law grants any remedy on the facts alleged. The court accepts well-pleaded facts as true and asks only whether the petition states a legally recognized claim.

An objection that defeats or terminates a claim, such as prescription, res judicata, no cause of action, or no right of action. It may be raised at any time before submission of the case, and some may be noticed by the court on its own motion.

A period after which a party is barred from enforcing a right by action, akin to a statute of limitations. It is distinguished from acquisitive prescription, which creates rights through possession over time.

Louisiana's pleading standard requiring a petition to set forth the material facts of the claim, rather than only conclusions or a legal theory. This differs from notice pleading and shapes how exceptions are analyzed.

A statutory period into which the judicial year is divided, historically governing when judgments become final and when new trials or appeals must be sought. Its expiration affects the finality of judgments under Louisiana procedure.

An appeal that suspends the effect of a judgment and transfers the matter to a higher court for review. It is distinguished from an application for supervisory writs, which invokes discretionary review of an interlocutory ruling.

Discretionary review by an appellate court of an interlocutory order before final judgment. The applicant must show irreparable harm or that the ruling is contrary to law and review would promote judicial efficiency.

The requirement that constitutional rights, particularly those in the Fourteenth Amendment, be violated by governmental conduct rather than purely private conduct. Courts may find state action where private actors are deeply entangled with the state.

The most demanding level of judicial review for equal protection and fundamental rights cases. The law must serve a compelling governmental interest and be narrowly tailored, and the burden is on the government to prove constitutionality.

A mid-level standard applied to classifications such as sex and illegitimacy and to content-neutral time, place, and manner restrictions. The law must serve an important interest and be substantially related to that interest.

The implied limit on state regulation of interstate commerce where Congress has not acted. State laws that discriminate against or unduly burden interstate commerce may be invalidated even without conflicting federal legislation.

The displacement of state law by federal law under the Supremacy Clause. It may be express, or implied through field preemption or conflict preemption where compliance with both regimes is impossible.

A manifestation of present contractual intent that creates a power of acceptance in the offeree. It must be definite enough to permit enforcement if accepted, though gap-fillers may supply missing terms.

A doctrine enforcing a promise without consideration where the promisor reasonably expected reliance, reliance occurred, and injustice can be avoided only by enforcement. Recovery may be limited to the reliance interest.

A rule barring admission of prior or contemporaneous oral or written statements to contradict or vary an integrated written agreement. Evidence may still be admitted to explain ambiguity, show fraud, or prove a condition precedent.

Under the UCC, a buyer may reject goods unless the seller delivers exactly what the contract requires in every respect. The seller may cure a defective tender within the contract time or a reasonable time in some cases.

A party's clear statement or conduct indicating it will not perform before performance is due. The nonbreaching party may treat the repudiation as a breach and sue immediately or await performance.

The mental state or culpable intent required for a criminal offense, such as purpose, knowledge, recklessness, or negligence. Louisiana uses specific and general criminal intent, with general intent presumed from the act.

The state of mind in which the offender actively desires the prescribed criminal consequences as a result of the act or failure to act. It must be proven and is not presumed from the act alone.

The rule barring use at trial of evidence obtained in violation of the Fourth, Fifth, or Sixth Amendment. Exceptions include good faith, inevitable discovery, attenuation, and impeachment use.

The doctrine excluding derivative evidence obtained through an illegal search or seizure. The taint may be purged by attenuation, independent source, or inevitable discovery.

An exception to the exclusionary rule allowing illegally obtained evidence if the prosecution shows it would have been discovered through lawful means. The showing must be by a preponderance of the evidence.

An out-of-court statement offered to prove the truth of the matter asserted. It is generally inadmissible unless an exclusion or exception applies, such as party-opponent statements or excited utterances.

A statement relating to a startling event made while the declarant was under the stress of excitement it caused. It is admissible regardless of declarant availability because the stress reduces reflection and fabrication.

A statement describing or explaining an event or condition made while or immediately after the declarant perceived it. Admissibility rests on the contemporaneity of perception and statement, which reduces reflection.

The Sixth Amendment right of a criminal defendant to confront adverse witnesses. Testimonial hearsay is barred unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine.

A doctrine by which a possessor gains title after statutory periods of actual, open, notorious, exclusive, hostile, and continuous possession. Louisiana instead uses acquisitive prescription, with different periods and good faith rules.

Louisiana's mechanism for acquiring ownership through possession over time. Immovables require ten years with good faith and just title, or thirty years without; movable prescriptive periods are shorter.

A form of co-ownership with right of survivorship, requiring the four unities of time, title, interest, and possession. Louisiana does not recognize common-law joint tenancy but allows a usufruct or trust to achieve similar results.

A landowner's or actor's obligation to warn foreseeable persons of latent dangerous conditions the actor knows or should know about. The scope turns on reasonableness, foreseeability, and the plaintiff's status.

The legal cause linking conduct to harm, requiring that the injury be a foreseeable result of the breach. It limits liability where the connection to the conduct is too remote or extraordinary.

A doctrine allowing an inference of negligence where the injury would not ordinarily occur absent negligence, the instrumentality was in the defendant's exclusive control, and the plaintiff did not contribute to the harm.

The obligation of loyalty and care owed by a person entrusted with another's interests, such as an agent, partner, director, or trustee. It requires avoiding self-dealing and disclosing conflicts of interest.

A presumption that corporate directors acted in good faith, on an informed basis, and in the corporation's best interest. It shields decisions from liability unless the plaintiff rebuts the presumption with evidence of breach.

A Louisiana real right granting temporary use and enjoyment of another's property, with the obligation to preserve the substance. It may be established by contract, will, or operation of law, including a surviving spouse's marital portion.

The Louisiana rule reserving a portion of an estate for certain descendants, the legitime, which the decedent cannot freely dispose of. The disposable portion varies with the number of forced heirs.

The portion of a decedent's estate that must pass to forced heirs under Louisiana law. It is calculated on the value of the estate at death and limits the disposable portion available for donations.

A situation where a lawyer's personal or financial interests or duties to another client materially limit representation. The lawyer must reasonably believe competent representation is possible and obtain informed consent where required.

A lawyer's obligation not to reveal information relating to the representation of a client without informed consent, subject to exceptions such as preventing reasonably certain death or substantial bodily harm. It is broader than the evidentiary privilege.

A client's agreement to a proposed course of conduct after the lawyer has communicated adequate information about the material risks and reasonably available alternatives. It must be confirmed in writing in specified conflict situations.