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Description
Flashcards by Kathryn Conyers, updated more than 1 year ago
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Created by Kathryn Conyers
over 8 years ago
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| Question | Answer |
| Stipulated Judgement (Consent Judgement) (Consent Decree) | both parties agree to custody arrangement, court does not hear evidence regarding parental fitness 200802.2.1 |
| What must be proven to change a custody Consent decree? | (1)That there has been a material change of circumstances,and (2) the proposed modification is in the BIOC; that it meets BIOC factors (BOP here is lower than for a considered decree) 200802.2.4 |
| Considered decree | both parties do not agree to the division of the minor's time, court will examine parental fitness |
| BOP to change Considered decree | 1.3 |
| BIOC Factors - to determine whether a custody arrangement should be modified | 200607.1.4 200802.2.4 |
| Visitation rights of parent not granted custody or joint custody | 200607.1.5 |
| Types of "Right of Use" | 200607.2.A.1 200802.4.1 |
| What creates a valid servitude? | 200607.2.A.1 |
| Personal Servitude | 200607.2.A.1 200802.4.1 |
| Predial Servitude | 200607.2.A.1 A real charge on a servient estate for the benefit of a dominant estate. An instrument can create a predial servitied regardless of whether it identifies the charge as a predial servitude |
| Affirmative predial servitude | 200607.2.A.1 |
| Negative Predial servitude | 200607.2.A.1 |
| How is a servitde terminated? | 200607.2.A.2 |
| servitudes and imposition of real obligations | 200607.2.A.2 |
| Servitudes - redecoration requirements | 200607.2.A.2 |
| LA's Pure Race Public Records Provision | 200607.2.A.2 |
| Enforceability of servitude | 200607.2.A.3 |
| Prescription of non-use & servitudes | 200607.2.A.3 |
| Building Restriction (type of "covenant") | 200607.2.B.1 |
| Building restrictions - General Plan | 200607.2.B.1 |
| Enforcement of Building Restriction | 200607.2.B.2 |
| Validity of Building Restriction | 200607.2.B.2 |
| Building Restriction - Action to Enjoin | 200607.2.B.2 |
| How to determine ownership interest in community property | 200607.3.1 |
| Real subrogation | 200607.3.1 |
| Community Property vs. Separate property | 200607.3.1 Community Property includes all property acquired during the existence of the legal regime through the effort, skill, or industry of either spouse |
| Classification of various types of $ or property as Communal or not | 200607.3.2 |
| Community Property - Commissions | 200607.3.2 |
| Declaration of Paraphernality | 200607.3.2 |
| Community Property - Insurance Policies | 200607.3.2 |
| Community Property - Interest and Dividents | 200607.3.3 |
| Fruits and Revenues from Separate property | 200607.3.3 |
| Community property & immovable property | 200607.3.3 |
| Community Property - Rental Property | 200607.3.3 |
| CommProp - Savings Accounts | 200607.3.4 |
| Community Property - Damages from suit | 200607.3.4 |
| Sale of separate property while married | 200607.3.5 |
| Community property - inherited property | 200607.3.5 |
| Reimbursement Claim | 200607.3.5 |
| Legal requirements of appointment of curator | 200607.4.1 |
| Interdiction | 200607.4.1 200802.3.2 |
| Curator | 200607.4.1 |
| Process for removing a curator | 200607.4.2 |
| Interdiction - Successor | 200607.4.2 |
| Requirements / Factors for removing a curator | 200607.4.2 |
| How to Amend Building Restrictions | 200702.1.1 |
| How are building restrictions established | 200702.1.1 |
| Civil Code 780 | 200702.1.1 |
| Recordation requirement for building restriction amendments | 200702.1.1 |
| Brier Lake, Inc v. Jones | 200702.1.1 |
| Abondonment of the building restriction | 200702.1.2 |
| LA Civ Code art 782 | 200702.1.2 |
| Remedies to enforce compliance to building restriction | 200702.1.3 CC art 779 cmt C |
| Reciprocity in Building restrictions | 200702.1.3 |
| Liberative Rx for building restriction violation | 200702.1.3 |
| How are building restrictions enforced? | 200702.1.3 |
| Mandatory and Prohibitory injunctions - Building restrictions | 200702.1.3 |
| Usufruct | 200702.2.1 |
| Usufruct and reimbursement for expesnes | 200702.2.1 |
| Nonconsumables and usufruct | 200702.2.1 200802.1.1 |
| Naked owner | 200702.2.1 |
| Usufruct - ordinary maintenance/repairs | 200702.2.2 |
| Usufruct - ordinary vs extraordinary repairs | 200702.2.2 |
| Prudent administrator | 200702.2.3 200802.1.1 |
| What kind of losses is a usufructuary responsible for? | 200702.2.3 |
| Termination of usufruct - usufructurary owes damages | 200702.2.3 |
| Usufructuary over nonconsumables | 200702.2.4 |
| Civil fruit | 200702.2.4 |
| Domicile of a person | 200702.3.1 |
| how to change domicile | 200702.3.1 |
| Domicile - member of military | 200702.3.1 |
| How does a service person establish a new domicile? | 200702.3.1 |
| Factors for existence of a community property regime | 200702.3.2 |
| Legal regime of acquets and gains & domicile at time of marriage | 200702.3.2 |
| 1984 rules of domicile of a married woman repeal of LA CC art 39 | 200702.3.2 |
| Residence vs. Domicile | 200702.3.2 |
| Community property regime when spouses are domiciled in two different states | 200702.3.2 |
| Rights and obligations of spouses w/ regard to moveables (ex. retirement benefits) - does CP law govern? | 200702.3.3 |
| Community property - pensions - what is spouse entitled to @ divorce | 200702.3.3 Pensions are community property to the extent attributable to effort expended by a spouse during the existence of the community |
| 200702.3.4 | "Things in the possession of a spouse during the existence of a regime of community of acquets and gains are presumed to be community, but either spouse may prove that theyare separate property" |
| Buildings built on community land after termination of community property regime | 200702.3.4 peters v. haley |
| Special accession rules for spouses | 200702.3.4 |
| Co-ownership rules applied to building built on community land after termination of marriage | 200702.3.4 |
| Steps to divorce | 200702.4.1 |
| 102 Divorce | 200702.4.1 200707.4.1 |
| 103(1) Divorce | 200702.4.1 200707.4.1 |
| Interim spousal support | 200702.4.1 200707.4.3 |
| Final Spousal Support | 200702.4.1 200707.4.4 |
| Factors considered for interim spousal support | 200702.4.1 200707.4.3 CC 111,113 |
| Factors considered for final spousal support | 200702.4.1 200707.4.4 CC 112 |
| Factors considered for child support | 200702.4.2 |
| Presumed parent | 200702.4.2 |
| Action to Disavow | 200702.4.2 |
| Adopted child support | 200702.4.2 |
| income shares model | 200702.4.1 |
| Total child support obligation | 200702.4.2 |
| Prescriptive period for presumption of paternity or maternity | 200702.4.2 |
| Paternity action | 200702.4.3 |
| LA RS 9:315 | 200702.4.3 Child support guidlines |
| Servitudes | 200707.1.1 An instrumnet that imposes a charge upon a thing |
| A provision that creates a charge (servitude) vs a contractual rigjt | 200707.1.1 |
| heritability of a real charge (i.e. servitude) | 200707.1.2 |
| How can Charges/Rights be created by operation of the law | 200707.1.3 ex. Local zoning ordinances could be used to restrict size of a building site instead of a servitude |
| Public thing | 200707.1.3 |
| reciprocal predial servitudes | 200707.1.4 |
| Property rights | 200707.1.4 are good againts the world when property recorded |
| rights of co-owners of immovable property | 200707.2.1 |
| Holding property indivision | 200707.2.1 |
| Partitioning of co-owned property | 200707.2.1 |
| How long can co-owners of property agree not to partition | 200707.2.1 15 years |
| Procedure used to partition co-owned land | 200707.2.1 |
| Judicial partition | 200707.2.2 |
| Types of Partition | 200707.2.2 Partition in-kind Parition by lacitation |
| Partiton in Kind | 200707.2.2 |
| Parttion in licitation | 200707.2.2 |
| Management of co-owned property | 200707.2.3 |
| Difference between products from immovable property and fruits and how are co-owners entitled? | 200707.2.4 |
| Presumption of co-ownership shares | 200707.2.4 |
| Improvments on co-owned immovable property | 200707.2.4 |
| Null Marriage | 200707.3.1 |
| impediment of bigamy | 200707.3.1 |
| Action to annul | 200707.3.1 |
| Is a divorce required to terminate a null marriage> | 200707.3.1 |
| Rights of innocent spouse of null marriage | 200707.3.2 |
| Putative marriage doctrine | 200707.3.2 |
| child support to child of null marraige | 200707.3.2 |
| how to protect rights of unborn child | 200707.3.4 |
| Survival action for unborn fetus | 200707.3.4 |
| who has capacity to sue on behalf of unborn child | 200707.3.4 |
| How to overcome the presumption of community property | 200707.3.5 |
| classification of property acquired in a credit sales | 200707.3.5 |
| Does it matter that both names are on the title when property is purchased with separate funds? | 200707.3.5 |
| Action required to change last name back to maiden name` | 200707.3.6 |
| No fault divorce | 200707.4.1 |
| Reconciliation | 200707.4.2 |
| Interim spousal support - liquidation of assets | 200707.4.3 |
| At-fault divorce | 200707.4.4 |
| Abandonment of the matrimonial domicile | 200707.4.4 |
| Max payment for final spousal support | 200707.4.4 |
| Defenses to a divorce action | 200707.4.4 |
| Comprehensive management plan | 200802 |
| Usufruct of lands, timber, timberland | 200802.1.1 200802.1.3 |
| When a usufructuary can remove trees | 200802.1.1 |
| Fruits vs Product and usufruct for nonconsumables | 200802.1.1 |
| what constitutes timberland? | 200802.1.2 Kennedy v Kennedy |
| Proper venue for bringing action to modify a custody arrangement | 200802.2.2 |
| Uniform child custody jurisdiction and enforcement act (UCCJEA) | 200802.2.2 |
| Does a custody order need to name a domiciliary parent? | 200802.2.4 |
| How to obtain a mental evaluation of a parent for custody purposes | 200802.2.5 |
| How to obtain a temporary custody arrangement | 200802.2.6 |
| ex parte order of temporary custody | 200802.2.6 |
| temporary custody - time limits and rule to show cause | 200802.2.6 |
| Transfer of ownership - Quitlclaim deed | 200802.3.1 |
| Interdiction and Mandate | 200802.3.2 |
| Factors for appointing curatrix | 200802.3.2 |
| How to obtain ownership of immovables via prescription | 200802.3.3 |
| 10 year Acquisitive Rx for immovables | 200802.3.3 |
| 30 year Acquisitive Rx for immovables | 200802.3.3 |
| Just title | 200802.3.3 |
| Co-Owner Possession | 200802.3.3 |
| Possession of a co-Owner | 200802.3.3 |
| Precarious vs Adverse possession of co-owner | 200802.3.3 200802.3.4 |
| Running of prescription | 200802.3.3 |
| How does posession convert to ownership | 200802.3.3 |
| petitory action | 200802.3.4 |
| Personal servitude of right of use | 200802.4.1 |
| Classification of property principles (i.e Classification of pipeline) | 200802.4.2 |
| Other construction permanently attached | 200802.4.2 |
| component parts | 200802.4.2 |
| Moveables | 200802.4.2 default or residual category |
| Termination of servitude | 200802.4.3 |
| abandonment of servitude | 200802.4.3 |
| prescription of nonuse | 200802.4.3 |
| Right to compel movement of property | 200802.4.4 (depends on classification of property) |
| access to servitude repairs to property on servitude | 200802.4.5 |
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