Louisiana Code Of Civil Procedure Essay - 731 Words

Pursuant to Louisiana Code of Civil Procedure Article 927, Defendant, Lauris Hollis (â€Å"Defendant†), through undersigned counsel, moves this Court to dismiss the Plaintiff’s action. Article 927 provides that the Peremptory exception of no cause of action and no right of action or no interest in the plaintiff to institute suit. Louisiana Code of Civil Procedure Article 923 provides that the function of the peremptory exception is to have the plaintiff’s action declared legally nonexistent, or barred by effect of law, and hence the exception tends to dismiss or defeat the action. The Plaintiff filed suit on April 7, 2015, in Livingston Parish for a 2004 loan made to Mr. Hollis thru the CFS Private Education Undergraduate Loan Program by Charter One Bank, N.A. for $26,484.00 with a â€Å"Deferral Period Margin of 4.85, Repayment Period Margin of 4.85† and a Loan Origination Fee Percentage of 9.5. Mr. Hollis is enrolled FULLTIME AS A DOCTORAL CANDIDATE at Louisiana State University IN THE Department of _________________. At the beginning of each of the Fall and Spring semesters from 2010 to 2012, Mr. Hollis forwarded deferment forms for Privately Insured Loans to the American Education Services. On April 28, 2015, Jeremy Nusloch an attorney at the firm of Couch, Conville Blitt received notice of Mr. Hollis fulltime enrollment at LSU; however, they refuse to dismiss the case when the loan should be in deferment. Thus, Couch, Conville Blitt continue to prosecute the claimShow MoreRelatedThe Case Lawsuit Filed Suit1014 Words   |  5 Pages484.00 with a â€Å"Deferral Period Margin of 4.85, Repayment Period Margin of 4.85† and a Loan Origination Fee Percentage of 9.5. 2. Mr. Hollis is enrolled FULLTIME AS A CANDIDATE for a Doctorate of Philosophy, Oceanography and Coastal Sciences at Louisiana State University in the Department of Oceanography and Coastal Sciences. 3. At the beginning of each of the Fall and Spring semesters from 2010 to 2012, Mr. Hollis forwarded deferment forms for Privately Insured Loans to the American EducationRead MoreCommon and Civil Law Legal Systems1960 Words   |  8 PagesCommon and Civil law legal systems According to Zimmermann there are as many legal systems as there are national states. Every country has its own unique legal system. However, we can allocate among them three main legal systems. These are: Civil Law, Common Law and Islamic Law. Civil and Common Laws are the most influential legal systems in the world, especially in its Western part. All three of these legal systems have existed and developed for many centuries. Further will follow the descriptionRead MoreReconstruction Plan1116 Words   |  5 PagesThe Civil War, one of the most brutal and bloody wars in US History ended in 1865, and left the country in ruin. Abraham Lincoln, the president of the U.S at the time came up with the plan to re-build the country after the war. He called it Reconstruction Plan. The Reconstruction Plan was put to use right after the war in 1865 and ended in 1877. Within the Reconstruction Plan, Lincoln offered a model for reinstatement of Southern states called the 10 percent Reconstructio n plan. And also, duringRead MoreCivil Law3967 Words   |  16 Pages------------------------------------------------- Civil law (common law) Civil law  is the branch of  law  dealing with disputes between  individuals  or  organizations, in which  compensation  may be awarded to the victim. For instance, if a car crash victim claims damages against the driver for loss or injury sustained in an accident, this will be a civil law case.[1]  Civil law differs from  criminal law, whose emphasis is more on punishment than in dispute resolution. The law relating to  civil wrongs  and  quasi-contract  is part of the civil law.[2]Read MoreDifferences Between the Wartime, Presidential, and Congressional Reconstruction734 Words   |  3 Pagesonly people that were excluded from this were Confederate official and high-ranking military officers. In states where ten percent of male population took the oath they would be able to reestablish a state government. This policy was carried out in Louisiana, Arkansas, and Tennessee. This Wartime Reconstruction also included Lincoln’s Emancipation Proclamatio n. This freed slaves in the states that were at war with the Union. Both President Lincoln and President Johnson wished to give back land to pardonedRead MoreThe Deepwater Horizon Oil Rig1485 Words   |  6 Pages20th 2010) situated near the Mississippi river delta in the Gulf of Mexico exploded sending over a period of 87 days 210 million U.S. gallons of crude oil onto the ocean’s surface as well as the coastlines of the Gulf states Texas, Mississippi, Louisiana, Florida and Alabama. The magnitude of this oil spill was so awesome it could be seen from space and unfortunately took the lives of 11 people. British Petroleum (BP) has been found under numerous sets of circumstances responsible for this disasterRead MoreSouthern White Supremacy and Black Civil Rights 1863-1877 Essay1300 Words   |  6 Pagestime blacks were able to participate actively in the realms of politics, and were keen to make an impact. During the Reconstruction years of 1863-65, a considerable proportion of blacks occupied several Deep South governments. In Louisiana, for example, African-Americans made up 42% of the lower- and 19%- of the upper houses. However, these numbers do not accurately reflect the influence wielded by blacks in this period. Very few blacks held top positions, and in five SouthernRead MoreLaw Enforcement: The Following Case Study Is From The Baltimore1306 Words   |  6 Pagesdepartment demonstrates that â€Å"BPD officers made 520 stops for every 1,000 black residents in Baltimore, but only 180 stops for every 1,000 Caucasian residents,† (Ajaka et al., 2016). These problems occur when departments do not regulate stricter procedures and also failing to train the officers to handle any situation. Edwin Sutherland’s differential association theory can best relate to the subject of police abuse and brutality because interacting with others, people learn the values, techniquesRead MoreSentencing Guilty Verdict1067 Words   |  4 Pageshowever, they do help to make sense of proportionality and how it affects sentencing. This paper will attempt to explain the importance of proportionality with regards to criminal sentencing, increase understanding of the reasons our sentencing procedures continually fluctuate, identify three groups of individuals protected under the 8th Amendment from receiving a death sentence for a capital offense, attempts to explain the relationship between sentencing and the 6th Amendment, and will discussRead MoreThe Appellate Process Essay1417 Words   |  6 Pageslaw. Appellate courts have the right to overrule jury verdicts and judges decisions due to the fact that an appellate court typically concerns itself solely with issues of law. An appeal is not the time to retry the case or to reargue the facts. In civil matters, either party can appeal the decision of the trial court. Usually in criminal matters, however, only the defendant may appeal a criminal conviction and the state is not allowed to appeal a not guilty verdict. The sentencing in criminal cases