What makes louisiana law different




















It is carried out by the judicial courts. There are two judicial avenues: 1 those dealing with civil litigation; and 2 those dealing with criminal litigation. Civil litigation regarding private individuals is administered by a local court called the Tribunal d'Instance, or by a regional or departmental court called the Tribunal de Grande Instance depending on the importance of the case.

Commercial and business law is administered via the Tribunaux de commerce. These are known as "first degree courts. Appeals are heard in a Cour d'Appel or Court of Appeal, a "second degree court". In France, there is a fundamental right of appeal in all cases. In exceptional circumstances, judgments of the Appeal Court can be contested at the highest level, the Cour de Cassation, the French Supreme Court in matters of private law.

The most serious criminal offences, notably murder and rape, will be referred to a Cour d'Assises, or Assize court, where they will tried by jury. Complaints or litigation concerning public officials in the exercise of their office are heard in Tribunaux Administratifs, or Administrative Courts.

For example, universities or public academic institutions are regularly taken to court over claimed irregularities in the organization of exams. As in the private law system, appeals can be lodged, in this case with the Cour administratif d'appel, or Administrative appeals court. The highest echelon, the Supreme Court for public law, is the Conseil d'Etat, or Council of State, the body ultimately responsible for determining the legality of administrative measures.

A body of rules that delineate private rights and remedies, and govern disputes between individuals in such areas as contracts, property, and FAMILY LAW ; distinct from criminal or public law.

Civil law systems, which trace their roots to ancient Rome, are governed by doctrines developed and compiled by legal scholars. Legislators and administrators in civil law countries use these doctrines to fashion a code by which all legal controversies are decided. Most European and South American countries have a civil law system. England and most of the countries it dominated or colonized, including Canada and the United States, have a common-law system. However, within these countries, Louisiana, Quebec, and Puerto Rico exhibit the influence of French and Spanish settlers in their use of civil law systems.

In the United States, the term civil law has two meanings. One meaning of civil law refers to a legal system prevalent in Europe that is based on written codes.

Civil law in this sense is contrasted with the common-law system used in England and most of the United States, which relies on prior case law to resolve disputes rather than written codes. The second meaning of civil law refers to the body of laws governing disputes between individuals, as opposed to those governing offenses that are public and relate to the government—that is, civil law as opposed to CRIMINAL LAW. Visit a Location.

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