Louisiana law
Encyclopedia
Law in the State of Louisiana is based in part on civil law
. Louisiana
is unique among the 50 U.S. state
s in having a legal system partially based on French
and Spanish
codes and ultimately Roman law
, as opposed to English common law
. Louisiana thus follows the system of most non-Anglophone
countries in the world.
Despite popular belief (and Stanley Kowalski's brief explanation in the Tennessee Williams
play A Streetcar Named Desire
) it's incorrect to say that the Louisiana Civil Code is, or stems from, the Napoleonic Code
; rather, the two law codes stem from common sources. Although the developing Napoleonic Code strongly influenced Louisiana law, it was not enacted until 1804, one year after the Louisiana Purchase
. The main source of Louisiana jurisprudence may in fact be Spanish. Currently, the Louisiana Civil Code consists of 3,556 individual code articles.
One often-cited distinction is that while common law courts are bound by stare decisis
and tend to rule based on precedent
s, judges in Louisiana rule based on their own interpretation of the law. This distinction is not terribly crisp, though. Civil law has its own parallel respect for established precedent, the doctrine of jurisprudence constante
.
Property
, contract
ual, business entities structure, much of civil procedure
, and family law
are still strongly influenced by traditional Roman legal thinking. Louisiana law retains terms and concepts unique in American law: usufruct
, forced heirship
, redhibition
, and lesion beyond moiety
are a few examples.
Due to the civil law tradition, Louisiana's constitution does not contain a right to a trial by jury in civil cases, although this right is contained in the Louisiana Revised Statutes. Additionally, appellate courts have a much broader discretion to review findings of fact by juries in civil cases. Also, damages are apportioned differently than in common law jurisdictions; specific performance
is almost always available, and juries may hear cases that would be considered equitable
in other jurisdictions.
In commercial law, the 49 other states have completely adopted the Uniform Commercial Code
standardizing the rules of commercial transactions. Louisiana
enacted most provisions of the UCC, except for Article 2, which is inconsistent with civil law
traditions governing the sale of goods. Louisiana also refers to the major subdivisions of the UCC as “chapters” instead of articles, since the term “articles” is used in that state to refer to provisions of the Louisiana Civil Code
.
Legal careers are also molded by the differences. Legal education, the bar exam, and standards of legal practice in Louisiana are significantly different from other states. For example, the Louisiana Bar Exam
is the longest of any state, at 21.5 hours. The Multistate Bar Examination is not administered in Louisiana.
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
. Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
is unique among the 50 U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s in having a legal system partially based on French
Law of France
In academic terms, French law can be divided into two main categories: private or judicial law and public law .Judicial law includes, in particular:*civil law ; and*criminal law ....
and Spanish
Law of Spain
The Law of Spain is the term used to describe the legislation which is in force in the Kingdom of Spain, which is understood to mean Spanish territory, Spanish waters, consulates and embassies, and ships flying the Spanish flag in international waters. It is also applicable to the Spanish armed...
codes and ultimately Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
, as opposed to English common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. Louisiana thus follows the system of most non-Anglophone
English-speaking world
The English-speaking world consists of those countries or regions that use the English language to one degree or another. For more information, please see:Lists:* List of countries by English-speaking population...
countries in the world.
History
The first Louisiana Civil Code Digest of 1808 was written in French and translated into English by Martin O'Callaghan. For many years legal practitioners in the state made great effort to ensure that both versions agreed. Despite those efforts some clauses were found only in one version or the other. Due to modern legislative enactments which repeal and reenact Louisiana's civil code articles as any other collection of statutes, the differences between the original French and the English translation are now primarily of historical interest.Despite popular belief (and Stanley Kowalski's brief explanation in the Tennessee Williams
Tennessee Williams
Thomas Lanier "Tennessee" Williams III was an American writer who worked principally as a playwright in the American theater. He also wrote short stories, novels, poetry, essays, screenplays and a volume of memoirs...
play A Streetcar Named Desire
A Streetcar Named Desire (play)
A Streetcar Named Desire is a 1947 play written by American playwright Tennessee Williams for which he received the Pulitzer Prize for Drama in 1948. The play opened on Broadway on December 3, 1947, and closed on December 17, 1949, in the Ethel Barrymore Theatre. The Broadway production was...
) it's incorrect to say that the Louisiana Civil Code is, or stems from, the Napoleonic Code
Napoleonic code
The Napoleonic Code — or Code Napoléon — is the French civil code, established under Napoléon I in 1804. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs go to the most qualified...
; rather, the two law codes stem from common sources. Although the developing Napoleonic Code strongly influenced Louisiana law, it was not enacted until 1804, one year after the Louisiana Purchase
Louisiana Purchase
The Louisiana Purchase was the acquisition by the United States of America of of France's claim to the territory of Louisiana in 1803. The U.S...
. The main source of Louisiana jurisprudence may in fact be Spanish. Currently, the Louisiana Civil Code consists of 3,556 individual code articles.
Effective differences
Great differences exist between Louisianan civil law and common law found in all other American states. While many differences have been bridged due to the strong influence of common law, the "civilian" tradition is still deeply rooted in Louisiana private law and in some parts of criminal law.One often-cited distinction is that while common law courts are bound by stare decisis
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
and tend to rule based on precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
s, judges in Louisiana rule based on their own interpretation of the law. This distinction is not terribly crisp, though. Civil law has its own parallel respect for established precedent, the doctrine of jurisprudence constante
Jurisprudence constante
Jurisprudence constante is a legal doctrine according to which a long series of previous decisions applying a particular rule of law is very important and may be determinative in subsequent cases...
.
Property
Property law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
, contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
ual, business entities structure, much of civil procedure
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
, and family law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
are still strongly influenced by traditional Roman legal thinking. Louisiana law retains terms and concepts unique in American law: usufruct
Usufruct
Usufruct is the legal right to use and derive profit or benefit from property that either belongs to another person or which is under common ownership, as long as the property is not damaged or destroyed...
, forced heirship
Forced heirship
Forced heirship is a form of partible inheritance whereby a deceased's estate is separated into an indefeasible portion, the forced estate, passing to those the deceased is survived by, and a discretionary portion, or free estate, to be freely disposed of by will...
, redhibition
Redhibition
Redhibition is a civil action available under Louisiana law against the seller and/or manufacturer of a defective product, similar to the lemon laws more familiar to common law jurisdictions in other U.S. states. Redhibition is one of many laws that are unique to Louisiana among U.S...
, and lesion beyond moiety
Lesion beyond moiety
Lesion beyond moiety is a civil law term used to describe the ability of a seller of immovable property to rescind that sale if the price paid for the property is less than the actual value of the property at the time of the sale....
are a few examples.
Due to the civil law tradition, Louisiana's constitution does not contain a right to a trial by jury in civil cases, although this right is contained in the Louisiana Revised Statutes. Additionally, appellate courts have a much broader discretion to review findings of fact by juries in civil cases. Also, damages are apportioned differently than in common law jurisdictions; specific performance
Specific performance
Specific performance is an order of a court which requires a party to perform a specific act, usually what is stated in a contract. It is an alternative to award/ for awarding damages, and is classed as an equitable remedy commonly used in the form of injunctive relief concerning confidential...
is almost always available, and juries may hear cases that would be considered equitable
Equitable
-Companies:*Scottish Equitable, is an investment company located in Edinburgh*Equitable PCI Bank*The Equitable Life Assurance Society, life insurance company in the United Kingdom...
in other jurisdictions.
In commercial law, the 49 other states have completely adopted the Uniform Commercial Code
Uniform Commercial Code
The Uniform Commercial Code , first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America.The goal of harmonizing state law is...
standardizing the rules of commercial transactions. Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
enacted most provisions of the UCC, except for Article 2, which is inconsistent with civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
traditions governing the sale of goods. Louisiana also refers to the major subdivisions of the UCC as “chapters” instead of articles, since the term “articles” is used in that state to refer to provisions of the Louisiana Civil Code
Civil code
A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...
.
Legal careers are also molded by the differences. Legal education, the bar exam, and standards of legal practice in Louisiana are significantly different from other states. For example, the Louisiana Bar Exam
Louisiana Bar Exam
The Louisiana Bar Exam is a three day long examination used to determine whether a candidate is qualified to practice law in the state of Louisiana. The Louisiana exam holds the distinction of being the longest bar exam in the United States, consisting of 21 and a half hours of examination on nine...
is the longest of any state, at 21.5 hours. The Multistate Bar Examination is not administered in Louisiana.
External links
- Civil law to Common Law dictionary from Stephan KinsellaStephan Kinsellaframe|right|Stephan KinsellaNorman Stephan Kinsella is an American intellectual property lawyer and libertarian legal theorist. His electronically published works are primarily published on his blog and websites associated with the Ludwig von Mises Institute and anarcho-capitalist...
's website - Complete searchable Louisiana State Laws online
- The Louisiana Supreme Court