Question

Louisiana is the only one of our 50 states whose law was not originally based on the English common law system. What system was it's law based on? How did this system come to be used?

Answer 1

Louisiana's legal system is based on the civil law system, predominantly the French Civil Code, due to the state's history as a former French territory. After the Louisiana Purchase, the state retained its civil law roots, creating a unique hybrid legal system.

Step-by-step explanation:

The legal system of the state of Louisiana is based on the civil law system, specifically the Napoleonic Code of 1804 or also known as the French Civil Code. This is in contrast to the other 49 states in the United States which follow the common law system, derived from medieval England. The civil law system provides a set of written rules and codes that judges apply to cases, leaving less room for interpretation compared to judge-made law in common law systems. Louisiana's legal system is a product of its historical origins as a French territory before the Louisiana Purchase in 1803.

When Thomas Jefferson negotiated the Louisiana Purchase and acquired the territory from France, the existing legal system, based on civil law, was retained. Over time, while under American jurisdiction, Louisiana's legal framework evolved into a hybrid system incorporating both civil law for many state matters and common law influences especially at the federal level.