LOUISIANA LAW Meaning and
Definition
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Louisiana law refers to the body of legal principles, statutes, rules, and regulations that govern and systematize the legal framework within the state of Louisiana, United States. It combines elements of both civil law, derived from French and Spanish legal traditions, and common law, originating from English common law principles. Louisiana law is unique in the United States due to its historical and cultural influences, the result of Louisiana's colonial history under French and Spanish rule prior to becoming a U.S. territory and subsequently a state in 1812.
Louisiana law consists of various codes, including the Louisiana Civil Code, the Louisiana Code of Civil Procedure, the Louisiana Code of Criminal Procedure, and the Louisiana Code of Evidence, among others. These comprehensive codes provide a comprehensive framework for various legal matters, such as property, contracts, torts, family law, criminal law, and civil procedure.
Louisiana law also recognizes the doctrine of jurisprudence constante, which means that prior judicial decisions and legal precedents play a significant role in shaping and interpreting the law. This emphasis on judicial precedent sets it apart from other civil law systems.
Moreover, the legal system in Louisiana is also influenced by the Napoleonic Code, as well as the French and Spanish legal traditions. This influence is particularly evident in the state's legal terminology, court procedures, and the overall approach to statutory interpretation.
In summary, Louisiana law is a comprehensive legal system that blends both civil law and common law principles. It reflects historical and cultural influences from France and Spain and is characterized by comprehensive codes and a reliance on legal precedent.
Etymology of LOUISIANA LAW
The term "Louisiana law" refers to the body of law based on the civil law system in the U.S. state of Louisiana. The etymology of this term can be traced back to the origins of Louisiana itself.
Louisiana was originally a French colony, named after King Louis XIV of France. In 1682, the French explorer Robert Cavelier de La Salle claimed the region and named it "Louisiane" in honor of King Louis XIV. French settlement began in the early 18th century, and the French were the predominant colonial power in the area.
In 1803, under the Louisiana Purchase, the territory was transferred from France to the United States. However, the area's legal system continued to be heavily influenced by its French roots.
After the U.S. acquired the territory, it passed through several stages of legal transition.
