Law in the state of Louisiana is based on a more diverse set of sources than the laws of the other forty-nine states of the United States. Since 1972, there code de Procedure Civile, Volume 3… PDF no longer an official case reporter and courts themselves decide which decisions are published.
500 and imprisonment for 60 days. In 1664 under the royal charter creating the French East India Company, the Custom of Paris became the primary law in New France, supplemented with royal ordinances, e. The first Louisiana Civil Code Digest of 1808 was written in French by attorneys James Brown, Louis Moreau-Lislet, and Edward Livingston and subsequently translated into English. 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 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.
The Napoleonic Code was not enacted in France until 1804, one year after the Louisiana Purchase. 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 and tend to rule based on precedents, judges in Louisiana rule based on their own interpretation of the law. This distinction is not absolute, though. Property, contractual, business entities structure, much of civil procedure, and family law are still strongly influenced by traditional Roman legal thinking.
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. 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. The Multistate Bar Examination is not administered in Louisiana.
How the Code Napoleon makes Louisiana law different ». Private Law in Louisiana: An Account of Civil Codes, Heritage, and Law Reform ». The Scope and Structure of Civil Codes. Louisiana Office of the State Register.