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Started By
Message
OT Lawyers, explain Louisiana "codified" law to me
Posted on 8/8/17 at 1:50 pm
Posted on 8/8/17 at 1:50 pm
Is it merely that you do not look at case law (common law), but only look at the code for the rules?
Thanks!
Thanks!
12
Posted on 8/8/17 at 1:54 pm to Fishwater
quote:
Is it merely that you do not look at case law (common law), but only look at the code for the rules?
We have statutes compiled into a code that deals with everything, including definitions and interpretations (via official comments) rather than relying on the terminology and definitions that formed over time in the common law.
Posted on 8/8/17 at 1:56 pm to Fishwater
I'll need $200k and three years to explain this to you.
Posted on 8/8/17 at 1:58 pm to Fishwater
We do not eschew jurisprudence at all as you suggest:
A case on the issue that is directly on point might be persuasive or even controlling, depending on the court, but if there is a rule (Civil Code, Children's Code, etc.) we go to the rule, the comments and other "civilian" authority before seeking out a recent case that may or may not be in line with such long standing rules.
Lines of cases (jurisprudence constante) are far more important than individual case rulings (precedent).
quote:
only look at the code for the rules
A case on the issue that is directly on point might be persuasive or even controlling, depending on the court, but if there is a rule (Civil Code, Children's Code, etc.) we go to the rule, the comments and other "civilian" authority before seeking out a recent case that may or may not be in line with such long standing rules.
Lines of cases (jurisprudence constante) are far more important than individual case rulings (precedent).
Posted on 8/8/17 at 1:59 pm to BigPerm30
quote:
I'll need $200k and three years to explain this to you.
Posted on 8/8/17 at 2:00 pm to Fishwater
No
Posted on 8/8/17 at 2:00 pm to Fishwater
It has to do with fungibility.
Posted on 8/8/17 at 2:01 pm to Ace Midnight
This. Moreso than in the rest of the country, the code is looked to before past court decisions.
The idea is to value predictability and understandability for the lay person over flexibility.
The idea is to value predictability and understandability for the lay person over flexibility.
This post was edited on 8/8/17 at 2:04 pm
Posted on 8/8/17 at 2:02 pm to Fishwater
quote:
OT Lawyers, explain Louisiana "codified" law to me
Well it's a law, that's codified. We call it codified law.
Posted on 8/8/17 at 2:16 pm to Fishwater
I don't know, but it's the reason our car insurance is so high, our budget is fricked, and we rank last in every conceivable category.
Posted on 8/8/17 at 2:22 pm to BigPerm30
quote:
I'll need $200k and three years to explain this to you.
touche'!
Posted on 8/8/17 at 2:23 pm to boosiebadazz
quote:
I don't know, but it's the reason our car insurance is so high
Has to do with the poor road conditions (bad soil) and huge quantity of uninsured drivers more so than the code.
quote:
our budget is fricked,
Has to do with the amendments to the state constitution, not the code. The state constitution allows the people to vote on creating taxes and dedicated funds for those taxes. The people don't trust the legislature not to redirect taxes levied for a specific purpose, so they create protected funds for certain issues. This narrows the scope of areas of the budget that can be cut during a shortfall.
quote:
and we rank last in every conceivable category
We have a massive underclass of poor people on entitlements who eat nothing but junk food, litter, drive without insurance, sue anytime they stub their toe in public, and give zero f&%ks about education. It skews the stats for the rest of us.
Posted on 8/8/17 at 2:23 pm to boosiebadazz
quote:
I don't know, but it's the reason our car insurance is so high, our budget is fricked, and we rank last in every conceivable category.
That would actually be the high rate of uninsured drivers, the terrible politicians mismanaging an already poor state, and a combination of the same type of dumbasses that drive without insurance and those terrible politicians leading to your last problem, respectively.
Posted on 8/8/17 at 2:23 pm to Fishwater
It comes from Napoleon and all of our little old ancestors.
Posted on 8/8/17 at 2:48 pm to UpToPar
Napoleon got it from Justinian before him, and Justinian compiled it from even older Roman laws. Some portions of the Louisiana Civil Code existed in some form centuries before Christ.
Posted on 8/8/17 at 2:51 pm to kingbob
quote:
quote:
I don't know, but it's the reason our car insurance is so high
Has to do with the poor road conditions (bad soil) and huge quantity of uninsured drivers more so than the code.
quote:
our budget is fricked,
Has to do with the amendments to the state constitution, not the code. The state constitution allows the people to vote on creating taxes and dedicated funds for those taxes. The people don't trust the legislature not to redirect taxes levied for a specific purpose, so they create protected funds for certain issues. This narrows the scope of areas of the budget that can be cut during a shortfall.
quote:
and we rank last in every conceivable category
We have a massive underclass of poor people on entitlements who eat nothing but junk food, litter, drive without insurance, sue anytime they stub their toe in public, and give zero f&%ks about education. It skews the stats for the rest of us.
I like that you're a law student explaining to a practicing attorney why his facetious statement is incorrect.
Posted on 8/8/17 at 2:57 pm to Fishwater
Civil law codifies the basic rules. Civil law looks to the codes first, than you supplement with case law. Common law looks at case law first.
Posted on 8/8/17 at 3:12 pm to tigercross
quote:
I like that you're a law student explaining to a practicing attorney why his facetious statement is incorrect.
I like that you're a practicing attorney giving misleading facetious statements. You know, you can be facetious and truthful. we know better, but some poor poster likely will believe what you say is the gospel truth. You either need to be way dumber with your sarcasm (blame high crawfish prices on the Civil Code) or still add a little honesty. OT'rs expect honesty above all from their attorneys. See, THERE'S some good facetious sarcasm!
This post was edited on 8/8/17 at 3:18 pm
Posted on 8/8/17 at 3:19 pm to kingbob
The reference went right over your head.
Posted on 8/8/17 at 3:21 pm to UpToPar
quote:
The reference went right over your head.
I guess so. What's it from?
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