Louisiana law

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Louisiana is the only U.S. state whose legal system is based in part on civil law, which is based on French and Spanish codes and ultimately Roman law, as opposed to English common law, which is based on precedent and custom. Louisiana thus follows the system of most non-Anglophone countries in the world. In Louisiana, private law is based on the Louisiana Civil Code, while public law, which includes criminal and administrative law are based on English common law.

It is incorrect to equate the Louisiana Civil Code with the Napoleonic Code: although the Napoleonic Code strongly influenced Louisiana law, it was never in force in Louisiana, as it was enacted in 1804, after the Louisiana Purchase of 1803. While the Louisiana Civil Code of 1870 has been continuously revised and updated since its enactment, it is still considered the controlling authority in the state.

Great differences still exist between Louisianian civil law and the common law found in the other U.S. states. While some of these differences have been bridged due to the strong influence of common law in the United States, it is important to note that the "civilian" tradition is still deeply rooted in most aspects of Louisiana private law. Thus property, contractual, business entities structure, much of civil procedure, and family law are still mostly based on traditional Roman legal thinking. Concepts such as "forced heirship" (which guarantees a child a share in his parents' estate) and lesion beyond moiety are still present in Louisiana law, and much of the terminology in the statutes themselves is based on French and Roman law, rather than their common law analogues. In contrast, criminal law is entirely based on the Anglo-American common law.

The original Louisiana Civil Code was written in French and translated into English, and a great effort is made to make sure that the modern version of the code agrees in both the English and the French versions. Some clauses, however, are only found in one or the other. Many of the statements found in the Louisiana civil code are also echoed by both the state constitution and by the body of statues maintained by the state. The state constitution and body of statues are arranged in a similar format to the code.