Mixed Deck — All LA BAR Topics Flashcards

Under Louisiana law, acquisitive prescription of an immovable without just title or good faith requires possession for:

Answer: 30 years

La. C.C. art. 3486 provides that an immovable may be acquired by prescription of 30 years without just title or good faith.

Under the abstention doctrine of Younger v. Harris, a federal court must abstain from interfering with a pending state criminal proceeding when:

Answer: There is a pending state proceeding, the state has an important interest, and the plaintiff has an adequate opportunity to raise federal claims in state court

Younger abstention is required when there is (1) an ongoing state criminal or quasi-criminal proceeding, (2) the state has an important interest in enforcing its laws, and (3) the federal plaintiff can adequately raise constitutional claims in state court.

A state prisoner files a federal habeas corpus petition under 28 U.S.C. § 2254. Under AEDPA, a federal court may grant relief only if the state court decision was:

Answer: Contrary to or an unreasonable application of clearly established federal law as determined by the Supreme Court

Under AEDPA, federal habeas relief is available only if the state court's adjudication was contrary to, or an unreasonable application of, clearly established federal law as determined by the U.S. Supreme Court, or was based on an unreasonable determination of the facts.

What is a prenuptial agreement?

Answer: A contract entered before marriage that defines property rights and obligations in case of divorce or death

A prenuptial agreement is a contract between prospective spouses that sets forth terms for property division, spousal support, and other financial matters in the event of divorce or death.

In Louisiana, what standard applies when determining if a defendant breached their duty of care?

Answer: The reasonable person standard — what a prudent person would do under similar circumstances

The reasonable person standard is an objective test measuring the defendant's conduct against what a hypothetical prudent person would do in the same situation.

What is joint and several liability?

Answer: Each defendant can be held liable for the entire amount of damages regardless of their individual fault percentage

Under joint and several liability, each defendant is independently responsible for the full amount of damages, allowing the plaintiff to collect the entire judgment from any one defendant.

Which standard applies to a government restriction on commercial speech under the First Amendment?

Answer: The Central Hudson four-part test requiring the speech to concern lawful activity, serve a substantial interest, and be narrowly tailored

Commercial speech is protected under the First Amendment but subject to the four-part Central Hudson test: the speech must concern lawful activity, the government interest must be substantial, the regulation must directly advance that interest, and be no more extensive than necessary.

What is assumption of risk as a defense to negligence?

Answer: The plaintiff knowingly and voluntarily encountered a known risk, potentially barring recovery

Assumption of risk applies when the plaintiff was aware of a specific danger and voluntarily chose to encounter it, which may reduce or eliminate the defendant's liability.

What are prior inconsistent statements used for?

Answer: To impeach a witness's credibility by showing contradictory earlier statements

Prior inconsistent statements are primarily used to impeach credibility by demonstrating the witness said something different before, though some prior statements may also be substantive evidence.

What is the elective share for a surviving spouse?

Answer: A statutory right to claim a minimum portion of the deceased spouse's estate regardless of the will

The elective share allows a surviving spouse to claim a statutory minimum percentage of the estate, overriding the will if necessary to prevent disinheritance.

What is arbitrary and capricious review?

Answer: A standard where courts overturn agency actions taken without rational basis or adequate consideration of relevant factors

Under arbitrary and capricious review, courts assess whether the agency considered relevant factors, made a clear error of judgment, or acted in a manner not based on rational analysis of the evidence.

What is a material breach of contract?

Answer: A breach so substantial that it excuses the non-breaching party from further performance

A material breach is a failure to perform a substantial part of the contract, going to the essence of the agreement and depriving the other party of the expected benefit.

The Necessary and Proper Clause gives Congress the power to:

Answer: Choose any means rationally related to executing an enumerated power

Under McCulloch v. Maryland, the Necessary and Proper Clause allows Congress to use any means reasonably adapted to carrying out an enumerated power, even if that means is not explicitly listed.

Under New York Times v. Sullivan as applied in Louisiana, a public official suing for defamation must prove that the defendant made the statement:

Answer: With actual malice — knowledge of falsity or reckless disregard for whether the statement was true or false

Public officials and public figures must prove 'actual malice' — that the defendant knew the statement was false or acted with reckless disregard for its truth or falsity.

What is the purpose of the Administrative Procedure Act?

Answer: To establish procedures for agency rulemaking and adjudication, and provide for judicial review

The APA establishes the framework for how federal agencies create rules, conduct hearings, and make decisions, while also providing citizens the right to challenge agency actions in court.

A jury allocates fault as follows: Plaintiff 0%, Defendant A 45%, Defendant B 55%. Under Louisiana Civil Code Article 2324, which statement is correct?

Answer: Only Defendant B is jointly and severally liable; Defendant A pays only their proportionate share

Art. 2324 imposes joint and several liability only on a tortfeasor found 50% or more at fault; Defendant A's 45% fault means A pays only their proportionate share, while Defendant B's 55% makes B solidarily liable.

In Louisiana, punitive damages in tort actions are generally:

Answer: Available only in specific cases where a statute expressly authorizes them, such as injuries caused by drunk driving

Louisiana Civil Code Art. 2315 does not authorize punitive damages generally; they are available only when a specific statute expressly provides for them, such as La. R.S. 9:2798.4 for DWI-related injuries.

In Louisiana civil proceedings, a plaintiff must typically establish their claims by:

Answer: A preponderance of the evidence

The default burden of proof in Louisiana civil cases is a preponderance of the evidence—more likely true than not true.

What is the hearsay rule?

Answer: Out-of-court statements offered to prove the truth of the matter asserted are generally inadmissible

Hearsay is an out-of-court statement offered to prove the truth of what was stated. It is generally inadmissible unless an exception applies.

Under Louisiana law, a valid act of sale for immovable property must ordinarily be:

Answer: Executed before a notary public and two witnesses as an authentic act

La. C.C. art. 1833 requires that transfers of immovable property be made by authentic act—executed before a notary and two witnesses—unless a private act under private signature is used.