Shreveport Louisiana Declinatory Exception of Lack of Jurisdiction over Subject Matter

• Category: Louisiana Family Law - Custody and Visitation
• State: Louisiana
• City: Shreveport
• Control #: LA-5240
• Format: Word; Rich Text

Description

This is an example of an exception to plaintiff’s petition for custody on the ground that the court is without jurisdiction in the matter pursuant to La. R.S. 13:1702, et seq., because an out-of-state court had previously issued a judgment awarding custody of the minor children to the exceptor. Exceptor therefore requests that plaintiff’s suit be dismissed and the children be returned to exceptor’s custody. Shreveport, Louisiana Declaratory Exception to Lack of Jurisdiction over Subject is a legal concept used in cases where a defendant challenges the court's authority to hear a particular lawsuit due to lack of subject jurisdiction. This exceptional defense allows the defendant to contest the court's power to decide on the specific legal matter in question. In Shreveport, Louisiana, there are a few types of Declaratory Exception to Lack of Jurisdiction over Subject that defendants can assert: 1. Federal Subject Jurisdiction: In cases where the lawsuit involves federal laws or the United States Constitution, a defendant can claim that the state court lacks subject jurisdiction and that the case should be heard in federal court. 2. State Subject Jurisdiction: If the lawsuit involves matters falling within the exclusive jurisdiction of another state court (such as family law or probate), the defendant can raise this exception against the Shreveport court and request the case be transferred to the appropriate court. 3. Lack of Jurisdiction over Certain Claims: A defendant can argue that the court lacks subject jurisdiction over specific claims within the lawsuit, stating that they do not involve the proper legal elements for the court to adjudicate. This can be based on specific statutes or legal precedents. 4. Lack of Jurisdiction over Specific Parties or Property: In cases where the court lacks jurisdiction over particular parties or property involved in the lawsuit, a defendant can request the court to dismiss or transfer the case due to the lack of subject jurisdiction. It is essential for defendants to understand the various types of Shreveport, Louisiana Declaratory Exception to Lack of Jurisdiction over Subject to assert their rights effectively. By properly asserting these exceptions, defendants can challenge the court's authority and potentially have the case moved to the appropriate jurisdiction for fair and proper adjudication.

Shreveport, Louisiana Declaratory Exception to Lack of Jurisdiction over Subject is a legal concept used in cases where a defendant challenges the court's authority to hear a particular lawsuit due to lack of subject jurisdiction. This exceptional defense allows the defendant to contest the court's power to decide on the specific legal matter in question. In Shreveport, Louisiana, there are a few types of Declaratory Exception to Lack of Jurisdiction over Subject that defendants can assert: 1. Federal Subject Jurisdiction: In cases where the lawsuit involves federal laws or the United States Constitution, a defendant can claim that the state court lacks subject jurisdiction and that the case should be heard in federal court. 2. State Subject Jurisdiction: If the lawsuit involves matters falling within the exclusive jurisdiction of another state court (such as family law or probate), the defendant can raise this exception against the Shreveport court and request the case be transferred to the appropriate court. 3. Lack of Jurisdiction over Certain Claims: A defendant can argue that the court lacks subject jurisdiction over specific claims within the lawsuit, stating that they do not involve the proper legal elements for the court to adjudicate. This can be based on specific statutes or legal precedents. 4. Lack of Jurisdiction over Specific Parties or Property: In cases where the court lacks jurisdiction over particular parties or property involved in the lawsuit, a defendant can request the court to dismiss or transfer the case due to the lack of subject jurisdiction. It is essential for defendants to understand the various types of Shreveport, Louisiana Declaratory Exception to Lack of Jurisdiction over Subject to assert their rights effectively. By properly asserting these exceptions, defendants can challenge the court's authority and potentially have the case moved to the appropriate jurisdiction for fair and proper adjudication.