| Line 25: |
Line 25: |
| | === Louisiana === | | === Louisiana === |
| | | | |
| − | 49 out of the 50 States in the United States use the "common law" tradition based on English law. Under the common law, courts create and refine legal rules by deciding thousands of cases. What is "trespass"? Under the common law, "trespass" is defined by court decisions over the years. For example, someone's liability for chopping down a tree that he thought was on his own property, but actually was on his neighbor's property, is established by many court decisions rather than by laws passed by the legislature, under a common law system. | + | 49 out of the 50 States in the United States use the "common law" tradition based on English law. Under the common law, courts create and refine legal rules by deciding thousands of cases. What is "trespass"? Under the common law, "trespass" is defined by court decisions over the years. For example, someone's liability for chopping down a tree that he thought was on his own property, but actually was on his neighbor's property, is established by many court decisions under a common law system rather than by highly specific laws passed by the legislature. |
| | | | |
| | One State, Louisiana, uses a completely different system: a civil law system based on French law. Under the civil law system, the legislature passes thousands of laws and virtually everything in court is decided based on what the laws say, rather than what prior decisions held. A judge is supposed to interpret and apply directly the applicable laws passed by the legislature, rather than worry about what prior courts held. | | One State, Louisiana, uses a completely different system: a civil law system based on French law. Under the civil law system, the legislature passes thousands of laws and virtually everything in court is decided based on what the laws say, rather than what prior decisions held. A judge is supposed to interpret and apply directly the applicable laws passed by the legislature, rather than worry about what prior courts held. |
| | | | |
| − | Louisiana did not become a State until 1812, and four years earlier it had adopted the Napoleonic Code from France. Louisiana was also influenced by Spanish law, which is also a civil law system. | + | Louisiana did not become a State until 1812, and four years earlier it had adopted the Napoleonic Code from France. Louisiana was also influenced by Spanish law, which is likewise a civil law system. |
| | | | |
| | Many things in Louisiana are different from everywhere else in the United States. The counties in Louisiana are called "parishes", for example. Louisiana has been governed by a total of 10 different flags in its colorful history. When the Civil War began, Louisiana was even an independent nation for 6 weeks prior to becoming part of the Confederacy. | | Many things in Louisiana are different from everywhere else in the United States. The counties in Louisiana are called "parishes", for example. Louisiana has been governed by a total of 10 different flags in its colorful history. When the Civil War began, Louisiana was even an independent nation for 6 weeks prior to becoming part of the Confederacy. |