LA Notary Civil Law 2 — Questions and Answers
Question 1: What distinguishes Louisiana's civil law system from the common law systems used in other U.S. states?
- Louisiana uses jury trials exclusively
- Louisiana's private law is codified and based on French and Spanish legal traditions (Correct answer)
- Louisiana does not recognize precedent in any form
- Louisiana courts cannot interpret statutes
Correct 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.
Louisiana is unique among U.S. states in that its private law is based on the civil law tradition, deriving primarily from the French Napoleonic Code and Spanish colonial law. Its Civil Code governs private relationships.
Question 2: In Louisiana civil law, what is the difference between a real right and a personal right?
- A real right is enforceable only against the obligor; a personal right is enforceable against anyone
- A real right relates directly to a thing and is enforceable against the world; a personal right is enforceable only against specific persons (Correct answer)
- There is no distinction in Louisiana law
- A real right expires; a personal right does not
Correct 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.
In Louisiana civil law, real rights (jus in re) relate directly to a thing and are enforceable against the world (erga omnes). Personal rights (jus in personam) arise from obligations and are enforceable only against the obligor.
Question 3: Under Louisiana's civilian methodology, what is the primary source of law that courts must apply?
- Judicial precedent from higher courts
- Custom and usage
- Legislation and the Civil Code (Correct answer)
- Legal doctrine and scholarly commentary
Correct answer: Legislation and the Civil Code
In Louisiana's civil law tradition, legislation including the Civil Code is the primary source of law.
Louisiana Civil Code Article 1 establishes that the sources of law are legislation and custom. The Civil Code and legislative enactments are the primary authorities. When legislation is clear, courts apply it as written.
Question 4: What does the Louisiana Civil Code principle of juridical acts encompass?
- Only contracts between two or more parties
- Any lawful volitional act intended to create, modify, or extinguish legal relations (Correct answer)
- Only acts performed before a notary
- Acts of the legislature only
Correct 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.
Under Louisiana Civil Code Article 1918, a juridical act is a lawful volitional act intended to create, modify, transfer, or extinguish rights. This encompasses both bilateral acts (contracts) and unilateral acts (testaments, renunciations).
Question 5: In Louisiana, what is the doctrine of unjust enrichment (enrichment without cause)?
- A criminal offense involving fraud
- A quasi-contractual remedy allowing recovery when one party is enriched at another's expense without legal justification (Correct answer)
- A tax provision requiring redistribution of assets
- A family law concept for dividing community property
Correct 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.
Louisiana Civil Code Article 2298 codifies enrichment without cause. A person enriched without cause at the expense of another must compensate that person. The amount is limited to the lesser of the enrichment or the impoverishment. It is a subsidiary remedy.
Question 6: How does Louisiana civil law classify things (property)?
- Real property and personal property
- Movables and immovables (Correct answer)
- Tangible and intangible only
- Public and private only
Correct answer: Movables and immovables
Louisiana follows the civilian classification of things as movables and immovables, rather than the common law distinction.
Louisiana Civil Code Articles 461-475 classify things as either movables or immovables. Immovables include tracts of land, component parts of land, and rights directly related to land. All other things are movables.
LA Notary Civil Law 2
What distinguishes Louisiana's civil law system from the common law systems used in other U.S. states?