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Louisiana Codes > Code of Civil Procedure > BOOK V > Title II > Chapter 3 – Proceedings When Property in Possession of Third Person

§ 2701 Alienation of property to third person disregarded
§ 2702 Rights of third person who has acquired property and assumed indebtedness
§ 2703 Rights of third possessor

Terms Used In Louisiana Codes > Code of Civil Procedure > BOOK V > Title II > Chapter 3 - Proceedings When Property in Possession of Third Person

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Intestate: Dying without leaving a will.
  • Probate: Proving a will
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Louisiana Codes > Code of Civil Procedure > BOOK V > Title II > Chapter 3 – Probate and Registry of Testaments

Sections
Section 1 Procedure Preliminary to Probate 2851 – 2857
Section 2 Ex Parte Probate of Testaments 2881 – 2893
Section 3 Contradictory Probate of Testaments 2901 – 2904

Terms Used In Louisiana Codes > Code of Civil Procedure > BOOK V > Title II > Chapter 3 - Probate and Registry of Testaments

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appraisal: A determination of property value.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bylaws: means those bylaws established by the Interstate Commission for its governance, or for directing or controlling its actions or conduct. See Louisiana Children's Code 1662
  • Child: means an individual who has not attained the age of eighteen. See Louisiana Children's Code 1624
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Commissioner: means the voting representative of each compacting state appointed pursuant to Article 1663 of this compact. See Louisiana Children's Code 1662
  • Compact administrator: means the individual in each compacting state appointed pursuant to the terms of this compact, responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact. See Louisiana Children's Code 1662
  • Compacting state: means any state which has enacted the enabling legislation for this compact. See Louisiana Children's Code 1662
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Court: means any court having jurisdiction over delinquent, neglected, or dependent children. See Louisiana Children's Code 1662
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Default: means the failure of a member state to perform the obligations or responsibilities imposed upon it by the compact, the bylaws, or rules of the Interstate Commission. See Louisiana Children's Code 1624
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Deputy compact administrator: means the individual, if any, in each compacting state appointed to act on behalf of a compact administrator pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact. See Louisiana Children's Code 1662
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interstate Commission: means the Interstate Commission for Juveniles created by Article 1663 of this compact. See Louisiana Children's Code 1662
  • Intestate: Dying without leaving a will.
  • Juvenile: means any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including any of the following:

    (a)  "Accused delinquent" means a person charged with an offense that, if committed by an adult, would be a criminal offense. See Louisiana Children's Code 1662

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legatee: A beneficiary of a decedent
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Placement: means the act by a public or private child placing agency intended to arrange for the care or custody of a child in another state. See Louisiana Children's Code 1624
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Quorum: The number of legislators that must be present to do business.
  • Rule: means a written statement by the Interstate Commission promulgated pursuant to Article 1666 of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the commission, and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal, or suspension or an existing rule. See Louisiana Children's Code 1662
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other territory of the United States. See Louisiana Children's Code 1624
  • State: means a state of the United States, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands. See Louisiana Children's Code 1662
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Venue: The geographical location in which a case is tried.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.