Cameron Miranda
Unlike the other 49 states in the US, Louisiana's legal system is not based on the British common law tradition. Instead, it is a hybrid legal system with roots in civil law, primarily influenced by French and Spanish law. This is due to the state's unique history of French and Spanish colonisation before its purchase by the US. Louisiana's civil code, with its distinct terminology, procedures, and emphasis on a judge's interpretation, differs significantly from common law.
| Characteristics | Values |
|---|---|
| Basis | French and Spanish law, particularly the Napoleonic Code |
| Terminology | "Parishes" instead of "counties", ""liberative prescription" instead of "statute of limitations", and ""torts" instead of "damages" |
| Legal Precedent | Judges interpret the law rather than relying on past rulings |
| Commercial Law | Has not adopted Articles 2 and 2A of the Uniform Commercial Code (UCC) |
| Criminal Law | Largely based on common law |
| Administrative Law | Similar to the administrative law of the federal government and other states |
| Procedural Law | Generally in line with that of other U.S. states and complies with the U.S. Federal Rules of Civil Procedure |
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What You'll Learn
Louisiana's criminal law
Louisiana has strict marijuana laws, criminalising the possession and use of the drug in almost all circumstances. The state also has gun control laws that prohibit certain types of guns and restrict gun ownership for specific individuals. Louisiana imposes severe penalties for crimes involving cocaine and provides for capital punishment, or the "death penalty," in cases of murder and treason.
Louisiana's administrative law is generally similar to that of the federal government and other states, and its procedural law aligns with that of other U.S. states, following the U.S. Federal Rules of Civil Procedure. However, Louisiana's private law is unique, based on civil law derived from French and Spanish codes and ultimately Roman law. This civil law tradition has some distinct features, such as the absence of a right to a jury trial in civil cases, broader appellate court discretion in reviewing jury findings, and differences in how damages are apportioned.
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Louisiana's civil code
The first Louisiana civil code, Digeste de la Loi Civile, was written in French by attorneys James Brown, Louis Moreau-Lislet, and Edward Livingston and subsequently translated into English as The Digest of the Civil Laws now in Force in the Territory of Orleans, or more commonly the Digest of 1808. It was enacted on March 31, 1808, but proved problematic when, in 1817, the Louisiana Supreme Court found that the Spanish law in force prior to the Digest's enactment was still in effect insofar as it did not contradict the new code.
This prompted the General Assembly to task Justice Derbigny and attorneys Moreau-Lislet and Livingston with drafting a new, fuller code written in French and English and which formally repealed prior existing law. This code, the Civil Code of 1825, was enacted on April 12, 1824. Despite popular belief that the Louisiana Civil Code derives from the Napoleonic Code, the similarities are because both stem from common sources, namely the 1800 Draft of the Napoleonic Code.
Currently, the Louisiana Civil Code consists of 3,556 individual code articles. 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.
- Spousal support
- Claims for contributions to education or training
- Child custody and support
- Provisional and incidental proceedings in actions of nullity
- Effects of divorce
- Parental authority of married persons
- Obligations of children and parents
- Divorce or separation
- Effects and incidents of marriage
- Voting of shares of stock and other rights
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The Napoleonic Code
The Code was developed from various customs, but it was inspired by Justinian's sixth-century codification of Roman law, the Corpus Juris Civilis, and Justinian's Code (Codex). It differed from Justinian's Code in that it incorporated all kinds of earlier rules, not just legislation, and was a comprehensive rewrite rather than a collection of extracts. It marked a fundamental shift in the nature of civil law, making laws clearer and more accessible. It also superseded the conflict between royal legislative power and the views and privileges of social classes represented by judges.
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Louisiana's legal terminology
One example of Louisiana's distinct legal terminology is the use of the term "liberative prescription" to refer to the deadline for filing a case, while in other states, this is known as the "statute of limitations". Another difference is the use of the term "damages" in civil law, while in Louisiana, these are referred to as "torts". Additionally, the procedures for handling trust and estate law, real estate law, and inheritance differ between common law and Louisiana civil law. In common law, these legal proceedings are referred to as "Trust and Estates", while in Louisiana, they are categorized as "Succession and Donations".
Louisiana's civil law also differs from common law in its interpretation and implementation of the law. Common law relies heavily on legal precedent and past rulings, with judicial decisions in previous cases documented as case law, which then becomes the basis for future rulings. In contrast, Louisiana civil law allows judges to interpret the law and make rulings based on their own interpretation, rather than solely relying on previous outcomes in similar cases. This can lead to different judicial interpretations and applications of the same law for similar cases, regardless of precedent.
Louisiana's civil code has evolved over time, with the first Louisiana civil code, Digeste de la Loi Civile, written in French and enacted in 1808. This was followed by the Civil Code of 1825, enacted in 1824, which formally repealed prior existing law. Today, Louisiana law is considered a hybrid legal system, primarily based on civil law with some common law influences. While there are differences in certain areas of civil law, such as estate law and forced heirships, Louisiana's civil procedure law complies with the US Federal Rules of Civil Procedure, resulting in similar handling of personal injury cases between Louisiana and other states.
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Louisiana's private law
Louisiana's civil code, or Napoleonic Code, was influenced by Spain and France, who historically were owners of the territory. The Napoleonic Code was created by taking legal structures from both countries, resulting in a unique blend of laws. This code was enacted in 1804 in France, just a year after the Louisiana Purchase. 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 did not repeal previous Spanish law, which was still in effect unless it contradicted the new Digest.
This issue led to the creation of a new code in 1825, which formally repealed prior law and elevated French law as the primary source of Louisiana jurisprudence. This code, enacted in 1824, is known as the Civil Code of 1825. Despite efforts to ensure consistency between the French and English versions, some clauses were unique to one version. Over time, legislative enactments have further modified the code, and today, the original language differences are of primarily historical interest.
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Frequently asked questions
Common law was not introduced to Louisiana. Louisiana's legal system is primarily based on civil law, with some influences from common law.
Common law is a legal system brought over by Great Britain during colonisation. It relies on precedent and previous case law.
Civil law is a legal system that allows judges to interpret the law without solely relying on previous outcomes in similar cases.
Louisiana's legal system is based on civil law, derived from the French Napoleonic Code.
Louisiana's legal system has some similarities to common law, particularly in how personal injury cases are handled.
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