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LACCP BAR EXAM 2024 (FEB 2017 - FEB 2024) COMPILED QUESTIONS WITH 100% CORRECT ANSWERS!!
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LACCP BAR EXAM 2024 (FEB 2017 - FEB 2024) COMPILED QUESTIONS WITH 100% CORRECT ANSWERS!!
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LACCP BAR EXAM 2024(FEB 2017 - FEB 2024)
COMPILED QUESTIONS
WITH 100% CORRECT
ANSWERS!!
LACCP BAR
Evatee 9/12/24 LACCP BAR
,LACCP BAR EXAM 2024 (FEB 2017 - FEB 2024)
COMPILED QUESTIONS WITH 100% CORRECT
ANSWERS!!
Assume that Diamond Groceries was served with a citation and a copy of
Patrick's petition for damages only. What is the period of delay for Diamond
Groceries to respond to the petition? Answer - Diamond Groceries has 21 days
after service of the petition within which to file a response, assuming suit was
filed in district court.
Assume that Diamond Groceries was properly served with a citation, a copy of
Patrick's petition for damages, and written interrogatories. What is the period
of delay for Diamond Groceries to respond to the petition? Answer - Since
Diamond Groceries also served discovery with the petition, Patrick has 30 days
after service within which to respond to the petition.
Diamond Groceries believes Patrick (plaintiff) is at fault in causing his accident
because he disregarded the yellow caution sign. What action must Diamond
Groceries take in response to Patrick's petition to allow it to argue the fault of
Patrick at trial? Answer - Diamond Groceries must include the affirmative
defense of negligence or fault of the plaintiff in its answer to the petition.
Failure to timely plead this affirmative defense will prohibit Diamond from
offering evidence of Patrick's negligence in support of this defense at trial.
Patrick did not make a jury demand in his petition, but Diamond Groceries
wants a trial by jury. What steps should Diamond Groceries take to make a valid
jury demand, and by when must it take such steps? Answer - Diamond
Groceries must request a jury trial within 10 days of filing a pleading that raises
an issue triable by a jury. Since Diamond's answer will be such a pleading,
,Diamond should include its jury trial request either in its answer or within 10
days of filing its answer.
Two weeks after Diamond Groceries answered the petition, it decided it
wanted to challenge Patrick's claim for intentional infliction of emotional
distress because Diamond Groceries does not believe that the facts alleged in
the petition support a cause of action for an intentional infliction of emotional
distress claim.
A. What pleading should Diamond Groceries file to have Patrick's claim for
intentional infliction of emotional distress dismissed before engaging in
discovery on the claim?
B. Patrick believes that Diamond Groceries waived its right to challenge
Patrick's claim for intentional infliction of emotional distress on the basis of the
factual allegations of the petition. Is Patrick correct? Explain. Answer - A.
Diamond should file a motion for judgment on the pleadings which can be filed
by any party after the answer has been filed as is the case here. The court will
consider only the pleadings themselves and consider all of Diamond's
allegations not denied by Patrick, and all of Patrick's allegations, as true in
deciding the motion.
B. No, Patrick is incorrect. Diamond may still challenge Patrick's claim for IIED
by filing a peremptory exception of no cause of action. Peremptory exceptions
may be pleaded at any time in either the trial or appellate court prior to
submission of the case for decision.
Diamond Groceries owns more than twenty grocery stores in Louisiana. Patrick
propounded an interrogatory to Diamond Groceries asking it to identify each
and every slip and fall accident that occurred at any of its grocery stores in the
past ten years. Diamond Groceries believes that it would be overly
burdensome to gather the information Patrick is seeking and that the
information sought is not relevant to Patrick's claims. What initial steps must
Diamond Groceries take to avoid having to respond to the interrogatory, and by
when must Diamond Groceries take those steps? Answer - If the answers to
this interrogatory can be obtained from Diamond Groceries' business records,
including its electronically stored information, Diamond Groceries can specify
, where in its business records Patrick may find the answers, if the burden of
doing so is substantially the same for both parties. Diamond would need to
make its business records available, in lieu of answering the interrogatories,
within 30 days of service of the interrogatories.
Diamond Groceries took the necessary initial steps to avoid responding to
Patrick's interrogatory regarding other slip and fall accidents. Afterward,
Patrick's attorney met and conferred with Diamond Groceries' attorney to
discuss Diamond Groceries' refusal to respond to the interrogatory. Diamond
Groceries still refuses to respond. What steps, if any, can Patrick take to require
Diamond Groceries to answer the interrogatory? Explain. Answer - Patrick may
file a motion to compel requesting the court to order Diamond Groceries to
answer the interrogatory. Expenses, including attorney's fees associated with
the motion, may be awarded to the prevailing party unless the court finds that
the motion or opposition thereto was substantially justified or circumstances
make the award of expenses unjust.
Patrick would like to obtain a copy of any video surveillance footage that
Diamond Groceries has for its Beauregard Parish store for the day of his
accident. What steps must Patrick take to obtain a copy of the surveillance
footage? Explain. Answer - Patrick should serve Diamond Groceries with a
request for production of things to obtain surveillance footage. The request
may specify the form in which the footage is to be produced. The request must
set forth the items to be inspected describing it with reasonable particularity.
Diamond Groceries would have to serve a written response within 30 days of
being served with the request stating whether the inspection will be permitted
or objecting to it.
Patrick's attorney took Winnie's deposition. Before her deposition, Diamond
Groceries had interviewed Winnie and learned that Patrick's attorney had
interviewed Winnie over the phone before the lawsuit was filed. Diamond
Groceries has now propounded a request for production of documents to
Patrick asking him to produce any witness statements or notes from witness
interviews he or his attorney have in their possession. Patrick's attorney has
notes she took from when she interviewed Winnie over the phone. Does
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