The system of laws in Louisiana is a based on what previous historical system of laws?

shorthumbz

Bits of French, Spanish, German, and even Roman law played a part in LA's Civil Code, as compared to British Common Law, which underlies most of the rest of the US. The Napoleonic Code has been cited as the source for LA law, but it was enacted in France in 1804, a year AFTER the Louisiana Purchase. Parts of the Napoleonic Code do exist in LA, but that seems to be more a function of the general influence of historic French Civil Law. http://en.wikipedia.org/wiki/Louisiana#Law_and_government Dec 07 12, 1:12 PM

gtho4

The laws of Louisiana are so unique that Costa Rica, for example, has copied them verbatim. LOUISIANA LAW There are two basic types of legal systems used in the Western World today -- the Common Law System and the Civil Law System. The Common Law System was developed in England and used by its territories and colonies. The Civil Law System originated with the Romans and evolved with French and Spanish influences. At present, the majority of jurisdictions in the world are civil law jurisdictions. However, the United Kingdom and former British colonies still use the common law. This includes all of the United States except Louisiana. Due to its history as a colony of both France and Spain, which have civilian systems, and its interaction with other states' common law systems, Louisiana is a mixed jurisdiction, having both common and civil law characteristics. Louisiana's legal system is essentially a civil law system that has been adapted over nearly two centuries to facilitate a harmonization with the laws of the United States. Due to its unique legal system, Louisiana's laws are being studied by scholars from other countries that wish to joint NAFTA and the European Union. These countries seek to adapt their present civilian legal systems to fit into the common law systems of the Unites States and the United Kingdom. Louisiana is the perfect model and, some countries, such as Costa Rica, have adopted Louisiana laws verbatim. The major difference between the common law system and the civil law system is the source of law. In common law systems, laws arise from the decisions made by judges in individual cases. Statutes in common law systems are meant to mimic and interpret judicial decisions. The civil law system is based on a "civil code," a set of laws that contain all the basic principles of the legal system. The civil code defines such things as "persons" and "property" and provides rules applicable to most situations. Judges determine the facts and interpret the provisions of the civil code as they apply to those facts. In practice, Louisiana judges rely on interpretations of Louisiana statutes contained in published opinions of appellate courts. This body of decided cases in known as "jurisprudence" to Louisiana lawyers. The result, similar to that of common law systems, is that lawyers must research and be familiar with previously decided cases in order to give opinions and argue cases before Louisiana courts. http://www.bolenlaw.com/Pages/Articles/louisiana_law.htm Dec 07 12, 4:54 PM

sportsherald

A similar situation exists (for similar reasons) in Canada, where English Common Law applies everywhere except Québec, which has a Civil Code: "The Civil Code of Québec is a general law that contains all of the basic provisions that govern life in society, namely the relationships among citizens and the relationships between people and property. It governs all civil rights, such as leasing items or property, sales contracts, etc. It also deals with family law, as in the case of matrimonial regimes." http://www.justice.gouv.qc.ca/english/sujets/glossaire/code-civil-a.htm See also http://www.thecanadianencyclopedia.com/articles/civil-code Dec 07 12, 5:58 PM