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Terms Used In Louisiana Code of Civil Procedure 4847

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Plaintiff: The person who files the complaint in a civil lawsuit.

            A. Except as otherwise provided by law, a parish court or city court has no jurisdiction in any of the following cases or proceedings:

            (1) A case involving title to immovable property.

            (2) A case involving the right to public office or position.

            (3) A case in which the plaintiff asserts civil or political rights under the federal or state constitutions.

            (4) A claim for annulment of marriage, divorce, separation of property, or alimony.

            (5) A succession, interdiction, receivership, liquidation, habeas corpus, or quo warranto proceeding.

            (6) A case in which the state, or a parish, municipal, or other political corporation is a defendant, except for a petition for nullity filed in the City Court of East St. Tammany to nullify a judgment of bond forfeiture rendered by the City Court of East St. Tammany.

            (7) Any other case or proceeding excepted from the jurisdiction of these courts by law.

            B. In addition, city courts shall not have jurisdiction in tutorship, curatorship, emancipation, and partition proceedings.

            Acts 1986, No. 156, §1; Acts 1986, No. 152, §2, eff. June 28, 1986; Acts 1988, No. 670, §1; Acts 1990, No. 361, §1, eff. Jan. 1, 1991; Acts 2011, No. 228, §1; Acts 2020, No. 205, §3, eff. June 11, 2020.

{{NOTE: SEE ACTS 1986, NO. 152, §3.}}