Civil Law Flashcards

What distinguishes Louisiana's civil law system from the common law systems used in other U.S. states?

Answer: Louisiana's private law is codified and based on French and Spanish legal traditions

Louisiana's private law derives from the French Napoleonic Code and Spanish colonial law, unlike the English common law tradition of other states.

In Louisiana civil law, what is the difference between a real right and a personal right?

Answer: A real right relates directly to a thing and is enforceable against the world; a personal right is enforceable only against specific persons

Real rights attach to things and are enforceable against everyone, while personal rights arise from obligations between specific parties.

Under Louisiana's civilian methodology, what is the primary source of law that courts must apply?

Answer: Legislation and the Civil Code

In Louisiana's civil law tradition, legislation including the Civil Code is the primary source of law.

What does the Louisiana Civil Code principle of juridical acts encompass?

Answer: Any lawful volitional act intended to create, modify, or extinguish legal relations

A juridical act is a volitional act intended to produce legal consequences, broader than just contracts.

In Louisiana, what is the doctrine of unjust enrichment (enrichment without cause)?

Answer: A quasi-contractual remedy allowing recovery when one party is enriched at another's expense without legal justification

Enrichment without cause allows a person impoverished at another's expense to recover the lesser of the enrichment or impoverishment.

How does Louisiana civil law classify things (property)?

Answer: Movables and immovables

Louisiana follows the civilian classification of things as movables and immovables, rather than the common law distinction.