louisiana and legal system?

Question

I have heard it said that the legal system in La differs from other states as it is influenced by the french Code Napolean as well as by English Common law---Is this true?

Answer 1

Yes.

Answer 2

Yes. The legal system in Louisiana is based primarily on the the French Civil Law system, as opposed to all other US states which are based primarily on the English Common Law system.

Basically, the difference is that under Civil Law rules, the statute (legislative law) is the only binding authority, and each court is free to interpret it however they want. Under Common Law rules, higher court decisions are binding, so that the laws get interpreted by the courts once and those interpretations remain as binding precedent for all later decisions about the same issue.

Of course, Louisiana courts are bound by US Supreme Court decisions regarding federal constitutional matters,since the federal constitution trumps any state rules.

Answer 3

Yes it does. I happen to live in LA. A lot of our laws are influenced by Napoleonic Code. We are also the only state with parishes instead of counties. Government differs from state to state, but I do believe we are the only ones with a totally different system.

Answer 4

Yes, it does have some civil law influences, but over the years it has started becoming more and more like the other common law states. By 1980 or so, the differences had become minimal.

Answer 5

Well, as a former coon-@ss, Louisiana is part of the federal system like the rest of the states, but it's state statutes, laws, and customs are French-based, rather than English-based like the rest. It relies on those values historically.