- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
2
Posted on 6/20/24 at 2:13 pm to SlowFlowPro
quote:
Our "civil" system relies on jurisprudence, and all of the "common law" systems use code books.
He's referring to your having this backwards. Civilian systems like LA are based on code books. Common law systems are based on jurisprudence. Though as you note there is a lot of overlap.
Posted on 6/20/24 at 2:19 pm to SlowFlowPro
Your description of the differences between civil law and common law systems is very nearly backward. Louisiana's civil law system is codal, based on a civil code. Civil Code art. 1 states that the sources of law are LEGISLATION and custom. That's pretty fundamental, although codal dominance has eroded somewhat over the last century. . Our commercial laws, for example also have a uniform commercial code (or parts of that code) and other legislation, but you start with the Code. There is, of course, a criminal code.
And while common law jurisdictions certainly have statutory provisions in their body of laws ( Including the UCC), the common law is jurisprudential.
And while common law jurisdictions certainly have statutory provisions in their body of laws ( Including the UCC), the common law is jurisprudential.
Posted on 6/20/24 at 2:21 pm to vistajay
quote:
Though as you note there is a lot of overlap.
Yeah the distinctions are academic at this point, basically.
Posted on 6/20/24 at 2:25 pm to SlowFlowPro
Not really. I don't know how you passed the bar with this understanding...
Posted on 6/20/24 at 2:32 pm to nitwit
quote:
although codal dominance has eroded somewhat over the last century.
That's an understatement
quote:
Our commercial laws, for example also have a uniform commercial code (or parts of that code) and other legislation, but you start with the Code.
Yes, and, to flip this around to prove my other point, the 49 common law states start with the UCC. So they don't rely on the courts to create their law anymore and have adopted a codal system, as I stated.
quote:
And while common law jurisdictions certainly have statutory provisions in their body of laws ( Including the UCC), the common law is jurisprudential.
And, for all intents and purposes, Louisiana is jurisprudential.
If you don't think so, let me know how well you do with an appellate brief relying solely on statutory interpretive arguments and no case law
Posted on 6/20/24 at 2:33 pm to nitwit
Thank you for reciting the academic difference that we all know. Do you practice in multiple states? If you do, you should know there’s no practical difference. There’s some terminology differences.
Posted on 6/20/24 at 2:34 pm to nitwit
quote:
I don't know how you passed the bar with this understanding
There is a reason why the legend Randall Trahan couldn't cut it in private practice.
Posted on 6/20/24 at 2:35 pm to SlowFlowPro
It might blow his mind to learn that Texas has code books and that Louisiana lawyers cite case law.
Posted on 6/20/24 at 2:38 pm to Wing T
quote:
quote:
I’ve heard it’s hard to get on, but once you’re an Exxon company man, it’s a big gravy train until retirement.
Used to be. People that started the past 15 years receive WAY Less retirement benefits than the older ones. There were people retiring with a couple million in retirement when i was there 09-17.
Most if not all of the majors have cut pensions for incoming employees in the last decade.
Posted on 6/20/24 at 2:40 pm to biglego
I actually did an appeal on a pure statutory interpretation issue last year. About 10% of my brief was about statutory construction (and it was the standard boilerplate language and not really much more) and the rest was jurisprudential analysis (because my circuit had a strong ruling the trial court relied upon that was issued after the last statutory change, and the LASC had ruled recently on cases from other circuits in a different enough way to open the door). The decision? about 10% of boilerplate "statutory interpretation" language and the rest case law analysis.
One of those euro code professors would have had a stroke reading that case
One of those euro code professors would have had a stroke reading that case
Posted on 6/20/24 at 3:11 pm to biglego
Yes, I have tried commercial cases in states around the country and multiple choice of law issues arise in many of those cases. .
Common law is jurisprudential.
Civil law is code based.
This is not academic nor is it nuance. It is fundamental, IMO. To argue otherwise is to assert the exception as the rule.
Common law is jurisprudential.
Civil law is code based.
This is not academic nor is it nuance. It is fundamental, IMO. To argue otherwise is to assert the exception as the rule.
Posted on 6/20/24 at 3:31 pm to Lake Vegas Tiger
Really weird thing for a Louisiana lawyer to get wrong, too.
Posted on 6/20/24 at 3:38 pm to SidetrackSilvera
quote:
Really weird thing for a Louisiana lawyer to get wrong, too.
The walls that distinguish the systems effectively no longer exist in actual practice.
All 50 states have, at the minimum, adopted the UCC (they all have various sorts of other codes). That makes them all civil.
Louisiana relies on jurisprudential precedent and not codal interpretation. In an actual civil system, a body like the LASC would be a mere suggestion, with no real binding power over any future case over a similar issue. In the actual legal system of Louisiana today, an LASC ruling gives precedent for all future cases over that issue across the entire state.
All 50 states are hybrids of codal (civil law) and jurisprudential (Common law) systems.
This post was edited on 6/20/24 at 3:39 pm
Posted on 6/20/24 at 3:43 pm to SlowFlowPro
quote:
Our "civil" system relies on jurisprudence, and all of the "common law" systems use code books. It's all basically the same shite these days.
You need your LA law license revoked.
Posted on 6/20/24 at 3:43 pm to LazloHollyfeld
quote:
You need your LA law license revoked.
While I appreciate the Real Genius reference, no.
Posted on 6/20/24 at 3:57 pm to TigerSprings
I've know three people that have degrees in Physical Therapy but did not pass their licensure. Each have a very low income job, including one who is essentially a secretary. Never got a straight answer as to why they couldn't just take the test again. I think you get your doctorate when you graduate from PT. ?
Posted on 6/20/24 at 3:59 pm to Lake Vegas Tiger
quote:
Got that backwards buddy
He was saying that the two systems have incorporated elements of the other so much that there isn't much of a difference at this point.
Posted on 6/20/24 at 4:00 pm to BabyTac
quote:
Don’t all the casinos have to have a full ship crew. Think that’d be a sweet gig since the boats are permanently hardened to land.
I think that farce ended a few years ago.
Posted on 6/20/24 at 4:01 pm to soccerfüt
quote:
John Deere?
It ain't that hard to get into a John Deere in any field. Just climb in and go.
Page 3 of 4
Popular
Back to top
Follow TigerDroppings for LSU Football News