Civil Law in Louisiana

Islamic Law

Quasi-religious system based on the Koran

Socialist Law

Legal system that incorporates socialist beliefs into a legal system.

Common Law

System of law derived from England, used in most of the English-speaking world and all other states in the United States, based on judge-made law, or jurisprudence. Common law uses previous decisions made by judges (precedent) to help make future judgments, a concept known as stare decisis, or to stand by things decided.

Civil Law

System of law derived from Roman law, most famously from the Napoleonic code, used in most of Europe and South America, Central America, and some of Asia and Africa.

Role of Judges- Common Law

Judges make law: they rely on previous cases as guidance and make decisions that will, in part, control future decisions. Prior case law is of the utmost importance in common law.

Role of Judges- Civil Law

Judges interpret the law: they rely on the code as the source of law and use prior case law to interpret ambiguous provisions of the law; and the legislature is the highest lawmaking power.

The Louisiana Civil Code

Our comprehensive system of laws governing most private conduct; It is our framework for society.

Origins of our Civil Code

Napoleon wanted a code of law so universal it would be in everyone's home; Claiborne, our first governor, made an act that the laws in effect would continue; it is not a "Napoleonic code": our digest of laws was interpreted in light of Spanish laws in effect when Louisiana was ceded to the United States; If there's an error in translation of the code from French to English, the French is deemed to control.

Notaries Broad Powers

Notaries can make inventories, appraisements,partitions, wills, protests, matrimonial contracts, conveyances, and instruments in writing; Empowered to execute authentic acts, receive acknowledgments of acts under private signature, officiate at family and almost all contracts and creditors meetings.

Notaries Expanded Roles

Power to appraise immovable property may seem like an unlikely power, but stems from the associated powers of sales, exchanges, partitions, and the like; Notaries can also conduct family meetings, meetings of creditors, and make protests, but these are rarely done.

Court's Role in Appointment of Notary

Although the Notary may have passed the notary exam or have a license to practice law, the District Court decides if the notary public has good moral character and fitness to be a notary.

District Court's Role in Suspension or Revocation

Once commissioned, it is this Court that decides if a notary should be suspended or have his commission revoked; This revocation action is filed in the Parish where the notary holds his commission or the Parish where the alleged misconduct took place; If revoked, this Court may issue an order barring recommissioning.

Courts of Limited Jurisdiction

Courts limited to adjudicate certain matters, such as small claims courts or juvenile courts.

Courts of General Jurisdiction

State District Courts can hear all civil and criminal cases and conduct jury trials, except those they aren't authorized to hear, such as worker's compensation cases or bankruptcy.

Justice of the Peace Courts

Handle minor money disputes for small amounts, issue some arrest warrants, set bail obligations, and hold preliminary hearings in minor criminal cases; are magistrates (do not need to be lawyers), not judges, but should be addressed as Judge; there may be more than one in a municipality because they are local within a Parish.

Mayor's Court

Handle minor traffic matters and petty ordinances; cannot exist within the jurisdictional limits of a city court; Mayor's court magistrates are magistrates (do not need to be lawyers), not judges, but should be addressed as Judge; there may only be one in a municipality, because it is local to a municipality.

City Courts, Parish Courts

These are courts of limited jurisdiction; handle money matters up to $15,000 or $20,000; misdemeanor criminal jurisdiction, not felonies; full juvenile jurisdiction if there is no juvenile court in the parish; City and parish court judges must be lawyers; Parish courts are the same as city courts; only two parishes (Jefferson and Ascension) have parish courts.

District Courts

Courts of general jurisdiction, handling both criminal and civil matters; can hold jury trials; 41 numbered district courts cover 63 parishes; The 64th parish is Orleans, which has separate criminal and civil district courts. These courts are not numbered; District courts have general original jurisdiction, and limited appellate jurisdiction.

Court of Appeals

There are 5 state courts of appeals: They hear appeals of civil and criminal cases, except death penalty and cases involving constitutionality of laws; They can hear appeals directly from administrative courts like worker's compensation courts, and civil service commissions; They exercise supervisory jurisdiction, at their discretion, which means that they can intervene in a lower court matter to correct a matter of law before an appeal is lodged.

Louisiana Supreme Court

Exercises original jurisdiction in cases involving discipline of lawyers and judges; Exercises appellate jurisdiction without the case first having gone to a Court of Appeal in death penalty cases, or any case where a statute or municipal ordinance has been declared unconstitutional; In all other cases, has discretionary appellate review.

Ways Cases get to the Louisiana Supreme Court

Supervisory jurisdiction; and Writ of certiorari.

Writ of Certiorari

Justices decide if a case should be heard in one of the following situations: conflicting decisions among Courts of Appeal; significant unresolved issue of law; Justice requires that a previous decision of the Supreme Court be overruled; Court of Appeal has erroneously applied the law; and lower court has grossly departed from proper judicial proceedings.

Legislation

The solemn expression of legislative will.

Custom

Practice repeated for a long time and generally accepted as having acquired the force of law.

In civil law, the supreme lawmaking authority is given to the citizens in the following way:

The citizens make a constitution; The constitution gives the authority to make laws to a legislature; The role of the notary is created by the legislature and legislative branch and that role is to give legal effect to acts made in conformity with civil and commercial law.

Books Containing Louisiana Law

• Civil Code

• Revised Statutes

• Code of Civil Procedure

• Children's Code

• Code of Evidence

• Code of Criminal Procedure

• Constitutional Ancillaries

Louisiana Civil Code (cited as La. C.C. art. xxx

A compilation of private law (governing relations between private individuals) regulating almost everything from interpersonal relationships,to property matters, to contracts, etc.; Many of the civil code articles are supplemented by the revised statutes.

Constitutional Ancillaries

Sections of the Louisiana constitution of 1921 that were continued as statutes by the present constitution of 1974, but have not been incorporated into the Louisiana Revised Statutes, nor have they been repealed by the legislature; Despite the name, they do not have constitutional status, but are considered Statutory Law.

Attorney General Opinions

These are a source of legal authority but are not law; They reflect the opinion of the state's chief legal officer.

Jurisprudence

Court decisions are not sources of law, but are guidance to interpret and apply the law; Louisiana Supreme Court decisions are binding on courts under its jurisdiction; United States Supreme Court decisions are binding on all courts; United States Courts of Appeals decisions at the federal level are persuasive on all federal and state courts within its circuit; Louisiana is in the Fifth Circuit in the federal court system; Courts can look to other states for guidance on unique questions of law; If no law or authority exists to aid a court in making a decision, the court can decide according to equity - which is justice, reason, and prevailing usage

Stare Decisis

The doctrine that Courts stand by their precedent in making decisions; Louisiana does not recognize the legal principle.

Administrative Code

These are the rules that have been adopted by state agencies, boards, commissions, and departments of the Louisiana government, that regulate different actors throughout Louisiana, entities as varied as daycares, horse racing, and gaming, including fantasy sports.