There are a lot of things Louisiana is known for: its delicious food, the party atmosphere, its French influence, and oddly enough, its legal system. While every other state uses Common Law, derived from English law, Louisiana uses French Civil Law, which is derived from the Napoleonic Code.
Legal theory and the role of legal precedent
The biggest difference between Louisiana civil law and common law in the other 49 states is in how the law is codified, interpreted, and put into practice. Specifically, these systems have distinct ways of interpreting legal precedent, or the results of previous court cases about the same legal questions.
Common law relies heavily on precedent, which is also known as case law. Statutes under common law are not comprehensively codified in the text; instead, judicial decisions rely on the interpretation of the law as previously ruled by earlier judges. Judges in your case will have the discretion to determine what case law is relevant in your situation, and apply it accordingly.
In contrast, civil law in Louisiana relies on a judge’s own interpretation of the codified statutes on the books. While precedent can guide a judge’s decision in the current case, they are given more discretion to interpret the law itself. This practice generally results in more specific laws, though different judicial interpretations can lead to different applications of the same law in similar cases, regardless of precedent.
Different terms, same concepts
Louisiana law also uses different terminology than the law of other states. What’s commonly known as a statute of limitations elsewhere in the country is known as liberative prescription in Louisiana. Here are some other examples of different terminology you might hear in your Louisiana personal injury case, and their equivalents in common parlance:
| Civil law legal principle | Common-law “translation” |
|---|---|
| Civil possession | Similar to constructive possession, civil possession is the concept that possession of a thing is retained by the intent to possess it, even if the owner ceases to physically have it in their possession. |
| Delicts, Damages ex delicto, Delictual | Torts, also known as personal injury |
| Duty-risk analysis | The test in Louisiana civil lawsuits to determine whether there is negligence. Duty-risk analysis collapses common law’s duty and proximate cause tests into one question: “Does this defendant owe a duty to protect this plaintiff from this risk which occurred in this manner?” |
| Immovables | Realty or real property |
| Movables | Personalty or personal property |
| Pacte de preference | Right of first refusal |
| Partnership in commendam | Limited partnership |
| Pledge | Collateral |
| Reconventional demand | Counterclaim |
These translations have been sourced from A Civil Law to Common Law Dictionary, by N. Stephan Kinsella, which contains many more besides.
What does this mean for my personal injury case?
You might be worried that this means your Louisiana personal injury case will be more complex, but don’t worry. In fact, Louisiana law is currently more of a hybrid system that’s based on civil law, with influences from common law. According to the Louisiana Law Library, Louisiana’s legal system does comply with the U.S. Federal Rules of Civil Procedure.
Even though differences do exist, when it comes to personal injury law, Louisiana and the rest of the country often handle cases similarly. Louisiana judges can and do rely on case law, even if they ultimately make their decisions based on the codified law. Similarly, common law judges aren’t totally bound by precedent, since times do change and judges are fallible people too.
The bottom line is, any state’s legal system is complicated. If you’ve been injured due to someone else’s negligence, you need an experienced personal injury attorney on your side to maximize your compensation and fully heal. The lawyers with Gordon McKernan Injury Attorneys have over 679+ years of combined legal experience helping victims in Louisiana, and we can help you hold the parties responsible for your injuries to account.
I am a legal expert with a comprehensive understanding of various legal systems, including the common law and civil law traditions. My expertise is demonstrated by my in-depth knowledge of legal theory, precedent, and terminology used in different jurisdictions. I have a solid grasp of the concepts discussed in the article, and my proficiency in the subject matter is reflected in the following analysis.
The article discusses the unique legal system in Louisiana, which stands out from the rest of the United States due to its adherence to French Civil Law, derived from the Napoleonic Code, rather than the Common Law used by other states. Let's break down the key concepts presented in the article:
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Legal Systems: Common Law vs. Civil Law
- Common Law: This legal system, used by 49 states, relies heavily on precedent (case law) and judicial decisions to interpret and apply the law.
- Civil Law (Louisiana): In contrast, Louisiana uses a civil law system where laws are codified in statutes, and judges have more discretion in interpreting and applying these statutes. Precedent is considered but doesn't hold the same binding authority as in common law.
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Legal Precedent and Interpretation:
- Common Law: Relies on precedent, with judges interpreting and applying the law based on earlier judicial decisions.
- Civil Law (Louisiana): Judges in Louisiana have more discretion to interpret codified statutes directly, resulting in more specific laws. Precedent guides decisions but does not bind judges as strictly as in common law.
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Terminology Differences:
- Louisiana Legal Terms vs. Common Law Equivalents:
- Civil Possession: Similar to constructive possession in common law.
- Delicts, Damages ex delicto, Delictual: Equate to Torts, also known as personal injury.
- Duty-risk analysis: Louisiana's approach to negligence, combining common law's duty and proximate cause tests.
- Immovables: Equivalent to realty or real property.
- Movables: Corresponds to personalty or personal property.
- Pacte de preference: Similar to the common law right of first refusal.
- Partnership in commendam: Comparable to a limited partnership.
- Pledge: Commonly known as collateral.
- Reconventional demand: Similar to a counterclaim in common law.
- Louisiana Legal Terms vs. Common Law Equivalents:
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Hybrid Legal System in Louisiana:
- Louisiana's legal system is described as a hybrid, incorporating elements of civil law with influences from common law.
- Despite differences, Louisiana complies with U.S. Federal Rules of Civil Procedure.
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Personal Injury Law in Louisiana:
- Despite the unique legal framework, personal injury cases in Louisiana share similarities with the rest of the country.
- Louisiana judges can rely on case law, and common law judges aren't strictly bound by precedent.
In conclusion, the legal landscape in Louisiana presents a fascinating blend of civil and common law traditions, impacting terminology, interpretation of statutes, and legal precedent. Understanding these nuances is crucial, particularly in personal injury cases, where legal expertise is essential for navigating the complexities of the legal system.
