Keith Mack
Unlike the other 49 states in the US, Louisiana does not follow common law. Instead, Louisiana's legal system is rooted in civil law principles, derived from the French Napoleonic Code. This code, developed by combining the legal systems of France and Spain (both previous owners of Louisiana), forms the basis of Louisiana's Civil Code. While Louisiana's criminal law does show some common law influences, the state's civil law tradition means that judges' rulings are based on their interpretation of codified statutes rather than on precedent. This means that, unlike in common law, a judge's decision in one case does not create a precedent for future cases.
| Characteristics | Values |
|---|---|
| Common law marriage recognised | No |
| Common law marriage from other states recognised | Yes |
| Divorce process for common law marriages | Formal divorce required |
| Property rights for unmarried couples | No |
| Legal recognition of unmarried couples | No |
| Legal recognition of domestic partnerships | Only in New Orleans |
| Basis of Louisiana law | Civil law |
| Louisiana's criminal law basis | Common law |
| Louisiana's administrative law basis | Similar to other states |
| Louisiana's procedural law basis | Similar to other states |
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What You'll Learn
Louisiana's civil law vs common law
Louisiana is the only state in the United States that does not follow common law. Instead, it follows civil law, which is based on French and Spanish codes and ultimately Roman law, with some common law influences. Louisiana's criminal law, administrative law, and procedural law, however, largely rest on common law.
The common law system was developed in England and adopted by the United States. It is used in every state but Louisiana. In common law, judges follow what is known as precedent when making decisions. Precedent refers to court decisions that judges use as an authority when deciding on further cases. Attorneys bring up precedents (previously decided legal decisions) with facts similar to the case they are presenting to the judge. The common law in that region is based on the court's interpretation. By doing this, the court creates a body of common law that operates in conjunction with the statute.
Louisiana's civil law, on the other hand, is based on the Civil Code, which originated in France and Spain, two countries with civil law systems. Because both countries once owned Louisiana, the Civil Code, also known as the Napoleonic Code, combines the legal systems of the two nations. The term codified refers to the civil legal system in Louisiana, which is composed of a compilation of laws and legislation. When a case is presented before a court, certain laws must be adhered to. The court considers these laws, "dissects," and renders a decision in accordance with that understanding. Louisiana Civil Law favors judicial interpretation over a more objective or traditional view of the law.
One key distinction between Louisiana civil law and common law is how the laws are interpreted and implemented, and the role of legal precedent. Common law strongly relies on precedent, while Louisiana civil law relies on a judge's interpretation of codified statutes. Louisiana civil law allows judges to interpret the law, which can open up the possibility of different judicial interpretations and applications of the same law for similar cases, regardless of precedent.
Another distinction between Louisiana civil law and common law is that 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 broader discretion to review findings of fact by juries in civil cases, and damages are apportioned differently from in common law jurisdictions.
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Common-law marriage in Louisiana
Louisiana does not recognize common-law marriages formed within the state. A common-law marriage is when a couple considers themselves married without obtaining an official marriage license or undergoing a marriage ceremony. In other words, simply living together as a couple for a long time does not make a couple legally married in Louisiana. The state, however, does recognize valid common-law marriages established in other states where such marriages are legal, such as Texas or Colorado.
Louisiana follows community property laws, which apply only to legally married couples. This means that unmarried partners do not have automatic property rights. To protect their interests, unmarried couples in Louisiana can establish legal agreements such as cohabitation agreements or wills. These agreements outline how property will be owned and divided between partners, providing clarity and security in case of separation or dispute. Additionally, unmarried couples can designate beneficiaries on titles and financial accounts to ensure that their partner receives their share of assets upon death.
Louisiana is the only state in the United States whose private legal system is based on civil law rather than common law. While every other state follows the common law tradition, Louisiana's law is rooted in civil law principles derived from the French and Spanish Napoleonic Code. This distinction influences how laws are interpreted and implemented and the role of legal precedent. Common law strongly relies on precedent, with judicial decisions in previous cases becoming the basis for future rulings. In contrast, Louisiana civil law allows judges to interpret codified statutes and make decisions based on their own interpretation of the law, rather than being bound by past rulings.
Louisiana's criminal law, administrative law, and procedural law do show some common law influences and are generally similar to the laws of other U.S. states. For example, in personal injury cases, Louisiana civil law and common law systems often handle cases similarly, and Louisiana judges can rely on centuries of case law history in their decisions. Additionally, while Louisiana's constitution does not contain a right to a trial by jury in civil cases, appellate courts have broader discretion to review findings of fact by juries in such cases.
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Louisiana's criminal law and common law
Louisiana is the only state in the US that does not follow common law. Instead, it follows civil law, which is based on the Napoleonic Code, also known as the Civil Code. This code originated in Spain and France, both of which once owned Louisiana. The state's first civil code, the Digeste de la Loi Civile, was written in French and enacted in 1808. It was subsequently translated into English as The Digest of the Civil Laws now in Force in the Territory of Orleans, or the Digest of 1808.
In the common law system, judges follow precedent when making decisions, meaning they use previous court decisions as an authority when deciding on further cases. In Louisiana, however, judges make decisions based on their interpretation of the Civil Code. This means that while a judge's decision may impact future cases, their reasoning and interpretation of the law will not be binding on future cases. Louisiana's civil law system is code-based, and legislators address specific legal areas through statutes or codified rules. When a judge hears a case, they interpret and apply these rules.
Louisiana's criminal law does, however, rest largely on common law. Additionally, the state's administrative law is similar to that of the federal government and other states, and its procedural law is generally in line with that of other US states. Louisiana's civil procedure law complies with the US Federal Rules of Civil Procedure.
Louisiana does not recognise common-law marriage, which is when two people consider themselves married without getting officially married. However, if a couple establishes a common-law marriage in another state and then moves to Louisiana, the state will typically treat them as married. Louisiana follows community property laws, which only apply to legally married couples. Unmarried partners do not have automatic property rights, but they can establish legal protections through cohabitation agreements or by designating beneficiaries on titles and financial accounts.
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Louisiana's administrative law
Louisiana is the only state in the US whose private legal system is based on civil law, rather than the traditional American common law. Louisiana's administrative law is generally similar to the administrative law of the federal government and other states, with some notable differences. The state's administrative law processes are set out in the Louisiana Administrative Procedure Act (La. Rev. Stat. §§ 49:950 - 49:999.25), which outlines the processes for making rules, administrative adjudications, and standards of judicial review, and legislative review of agency rules. The Louisiana Administrative Code is the state-certified publication that provides a set of rules formally adopted or amended by state agencies through promulgation in the Louisiana Register. The Division of Administrative Law provides a neutral forum for resolving administrative disputes by conducting accessible, fair, and prompt hearings and rendering well-reasoned decisions and orders.
Louisiana's civil law system is code-based, with legislators addressing specific legal areas through statutes or codified rules. When a judge hears a case, they interpret and apply the code rules to the case at hand. This means that, unlike in common law, the judge's reasoning and interpretation of the law will have little to no effect on future cases. Louisiana's civil law is based on French and Spanish codes and ultimately Roman law, with some common law influences. The first Louisiana civil code, Digeste de la Loi Civile, was written in French and enacted in 1808. A new, fuller code, the Civil Code of 1825, was enacted in 1824.
Louisiana's criminal law largely rests on common law. 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. In commercial law, Louisiana has not adopted Articles 2 and 2A of the Uniform Commercial Code (UCC), which are inconsistent with civil law traditions governing the sale and lease of goods.
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Louisiana's procedural law
Louisiana is the only state in the US that follows civil law, rather than the common law of the other 49 states. This is due to its unique history, having been owned by both Spain and France, and its legal system is a combination of the two nations' legal systems. Louisiana's procedural law is generally in line with that of other US states, which is based on the US Federal Rules of Civil Procedure.
Louisiana's civil law is code-based, with legislators addressing specific legal areas through statutes or codified rules. When a judge hears a case, they interpret the code rules and apply them to the case at hand. The judge's decision may impact future cases, but their reasoning and interpretation of the law will not. In contrast, common law is based on the court's interpretation, and a body of common law is created that operates in conjunction with the statute.
Louisiana's civil law is based on the Napoleonic Code, or the Civil Code, which originated in France and Spain. The first Louisiana civil code, Digeste de la Loi Civile, or the Digest of 1808, was written in French and subsequently translated into English. This code was problematic as it was found that prior Spanish law had not been repealed and was still in effect if it did not contradict the Digest. This led to the enactment of the Civil Code of 1825, written in both French and English, which formally repealed prior existing law.
Louisiana's criminal law largely rests on common law, and its administrative law is similar to that of the federal government and other states. However, there are some differences in vocabulary and techniques used in legislation. For example, the term "statute of limitations" in common law states refers to limits on how long a party has to bring legal proceedings, but in Louisiana, this is referred to as "prescriptions". Additionally, Louisiana's constitution does not contain a right to a trial by jury in civil cases, and appellate courts have broader discretion in reviewing findings of fact by juries in civil cases.
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Frequently asked questions
No, Louisiana does not recognize common-law marriage within the state. However, it does recognize valid common-law marriages from other states.
Common-law marriage is when a couple considers themselves married without obtaining an official marriage license or having a ceremony. To be considered a common-law married couple, partners usually need to live together for a long time and act as if they are married, such as by referring to each other as "husband" or "wife."
Louisiana is the only state in the U.S. that follows civil law, which is derived from the French Napoleonic Code, instead of the common law tradition. Louisiana judges make decisions based on their interpretation of the Civil Code, which may result in different rulings for similar cases.
