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Tag: Louisiana Civil Code

  • Understanding How Louisiana Laws Are Interpreted: Clear Language vs. Purpose

    Bronze scales of justice engraved with the words Clarity and Purpose, balanced on a polished wooden desk inside a law library with the Louisiana State Capitol visible through an arched window.Have you ever read a law and wondered what it truly means? Or found yourself facing a situation where a rule seemed to apply — but its exact implications were unclear?

    In Louisiana, our legal system is based on the civil law tradition, meaning that interpretation depends heavily on the Louisiana Civil Code. Understanding how courts interpret laws helps citizens, businesses, and legal professionals navigate their rights and responsibilities with confidence.

    Two key provisions — Article 9 and Article 10 of the Louisiana Civil Code — explain how our courts approach clear laws versus ambiguous ones.

    The Golden Rule: When the Law Is Crystal Clear (Civil Code Article 9)

    At its core, Louisiana law values clarity and precision.

    Louisiana Civil Code Article 9 provides the guiding principle:

    Art. 9. Clear and unambiguous law
    When a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written, and no further interpretation may be made in search of the intent of the legislature.

    Think of it like following a recipe: if it says “Add two cups of flour,” there’s no debate — you add two cups.

    Similarly, when a law’s language is straightforward, the courts must apply it exactly as written. Judges and attorneys don’t speculate about what lawmakers meant — they apply what the law says. This principle ensures predictability, stability, and transparency, allowing citizens to understand their legal obligations simply by reading the text.

    When Things Get Fuzzy: Interpreting Ambiguous Laws (Civil Code Article 10)

    But what if the law’s meaning isn’t so clear?

    Sometimes legislation uses complex terms, appears inconsistent, or leaves room for interpretation. That’s where Louisiana Civil Code Article 10 comes into play:

    Art. 10. Language susceptible of different meanings
    When the language of the law is susceptible of different meanings, it must be interpreted as having the meaning that best conforms to the purpose of the law.

    Using our recipe analogy again: if it says “Add a pinch of seasoning,” that’s subjective. You’d interpret “a pinch” based on the purpose of the dish — whether it’s sweet or savory.

    In the same way, when Louisiana courts interpret ambiguous laws, they look to the purpose of the statute — the reason it was enacted and the broader legal framework it fits within. Judges may review legislative history, context, and the societal problem the law was meant to solve.

    Why These Interpretation Rules Matter to You

    These two articles — Article 9 and Article 10 — form the foundation of how Louisiana judges interpret the law. They affect real-world outcomes in cases involving:

    • Contracts

    • Property rights

    • Family disputes

    • Personal injury

    • Business obligations

    Here’s why they matter:

    • Predictability: When laws are clear, you can confidently act knowing what’s required.

    • Fairness: Ambiguities are interpreted consistently, ensuring justice and legislative intent.

    • Protection: Understanding how courts read laws helps you better advocate for your rights.

    Together, these rules create balance — applying laws strictly when clear, and flexibly when interpretation is necessary for fairness and purpose.

    Navigating Louisiana Law with Confidence

    Understanding how laws are read and applied is essential for anyone interacting with Louisiana’s legal system. While the plain meaning rule (Article 9) ensures consistency, the purpose-based rule (Article 10) ensures justice when clarity is lacking.

    If you’re unsure how a specific law affects your situation, don’t guess — get guidance from experienced professionals.

    Need Legal Guidance?

    At Berniard Law Firm, our attorneys are deeply familiar with Louisiana’s Civil Code and its interpretation principles.

    📞 Contact us today for a consultation to discuss how Articles 9 and 10 might impact your case. We’re here to help you navigate the law with clarity, confidence, and care.

    Other Berniard Law Firm Articles on Legal Matters: Did the Son Have the Right to Lend Dad the Company Truck?

    and When Accidents Happen: The Limits of a Homeowner’s Liability for a Child’s Injury

  • Legislation vs. Custom: Unpacking the Foundations of Louisiana Law

    Golden scales of justice balanced over a Louisiana state outline with law books and the State Capitol in the background, symbolizing the relationship between legislation and custom in Louisiana’s Civil Law systemThe Building Blocks of Justice: How Louisiana Laws Are Made

    Louisiana’s legal system is unique, drawing heavily from its Civil Code tradition. Unlike many other states that primarily rely on ‘common law’ (judge-made law), our system is rooted in comprehensive written statutes. But where do these rules come from, and how do we interpret them? Understanding the foundational principles of Louisiana law, as laid out in the Louisiana Civil Code, is key to knowing your rights and obligations.

    Legislation: The Primary Source of Our Laws (Louisiana Civil Code Article 2)

    When we talk about laws in Louisiana, we primarily refer to legislation. Civil Code Article 2 clearly defines legislation as “a solemn expression of legislative will.” In simple terms, this means the laws formally passed by our elected representatives in the Louisiana Legislature and signed by the Governor. These are the statutes, codes, and acts that govern everything from contracts and property to family matters and personal injury. They are written, publicly available, and intended to provide clear guidance for citizens and courts alike.

    The Role of Custom: An Important, But Secondary, Source (Louisiana Civil Code Article 1)

    While legislation is paramount, Civil Code Article 1 acknowledges another source of law: custom. But what exactly is a legal custom? It’s not just “how things have always been done.” Legally, a custom refers to practices that have been long-established, consistently observed, and widely accepted by the community as having the force of law. For a custom to be legally recognized, it usually needs to be reasonable, known, and consistent. Think of certain business practices or local traditions that, over time, become an unwritten rule that people generally follow and expect others to follow.

    When Legislation and Custom Meet: Legislation Always Prevails (Louisiana Civil Code Article 3)

    This brings us to a crucial point, brilliantly clarified by Louisiana Civil Code Article 3: “Customs may not abrogate legislation.” This short, powerful statement is incredibly important. It means that while customs can be a source of law, they can never override, repeal, or nullify a written law passed by the legislature. If there’s a specific statute on the books, no matter how widespread a custom might be, the legislation always takes precedence.

    For example, imagine a neighborhood where everyone has, for years, informally agreed to park their cars on the sidewalk on weekends. If a new city ordinance is passed explicitly prohibiting sidewalk parking, the long-standing custom of parking there would immediately be overridden by the new legislation. The custom, no matter how ingrained, cannot abrogate (cancel out) the written law.

    Why This Matters to You

    Understanding the hierarchy of legal sources in Louisiana is vital. It means that when you have a legal question or dispute, the first place to look is always to the written law – the legislation. Customs can offer context or fill in gaps where legislation is silent, but they can never contradict it. This principle ensures consistency, predictability, and fairness in our legal system, preventing uncertainty that could arise if unwritten traditions could simply undo formal laws.

    Need Legal Guidance? Contact Us Today.

    Navigating the intricacies of Louisiana law can be complex, even for seemingly straightforward situations. Whether you’re dealing with a contract dispute, property issue, or any other legal challenge, understanding how legislation and custom apply to your specific case is critical. Don’t rely on assumptions or “how things have always been done.” Our experienced legal team is here to provide clarity and protect your interests. Contact us today for a consultation to discuss your legal needs.

    Written by Berniard Law Firm

    Other Berniard Law Articles on the Louisiana Civil Code: The Two Pillars of Louisiana Law: Legislation & Custom Explained (CC Arts. 1-3)

    and The Foundations of Louisiana Law: Where Our Rules Come From

  • The Foundations of Louisiana Law: Where Our Rules Come From

    Dynamic illustration of the Louisiana State Capitol and golden scales of justice over law books, symbolizing Louisiana’s unique blend of legislation and custom in its Civil Law systemWhat is Law in Louisiana? More Than Just Written Words

    Have you ever wondered what makes something a “law” in Louisiana? It might seem like a simple question, but understanding the true sources of our legal rules is crucial for navigating everyday life and protecting your rights. In Louisiana, a unique legal system rooted in the civil law tradition, the answer is a fascinating blend of official pronouncements and long-standing practices. Today, we’ll break down the fundamental concepts found in Louisiana Civil Code Articles 1, 2, and 3, which together explain where our laws originate.

    The Primary Source: Legislation – The Will of the People (CC 1 & 2)

    At its core, Louisiana law primarily comes from legislation. Civil Code Article 2 tells us that “Law is a solemn expression of legislative will.” What does this mean in plain English? It means that the most important and common way laws are created in Louisiana is through our elected representatives in the state legislature. When they debate, vote on, and pass a bill, and it’s signed into law by the Governor, that’s a “solemn expression of legislative will.”

    Think of it this way: our society decides on rules and policies, and the legislature is the body we entrust to formally write those rules down. These written laws – statutes, codes, and ordinances – are the backbone of our legal system. They cover everything from how contracts are formed to how property is owned, and they are the guiding principles that courts use to resolve disputes.

    The Secondary Source: Custom – Unwritten Rules with Legal Power (CC 1 & 3)

    While legislation is the primary source, it’s not the only one. Civil Code Article 1 states that the sources of law are “legislation and custom.” This brings us to a fascinating aspect of civil law: the role of custom.

    Civil Code Article 3 explains that “Custom results from practice repeated for a long time in conformity with a rule of policy, peace, or order.” Essentially, if people in a community consistently act in a certain way over a significant period, and this practice is generally accepted as the correct way to do things – promoting peace, order, or a specific policy – that custom can actually attain the force of law. However, there’s a critical condition: custom only has the same authority as legislation when it is not in conflict with legislation.

    This means that if a written law exists on a particular matter, custom cannot override it. Custom fills the gaps where legislation is silent or helps interpret the intent behind a written law. For example, local business practices, specific ways of handling transactions within an industry, or long-standing community traditions might be considered custom if they meet these strict requirements.

    Why This Matters to You

    Understanding these foundational principles is not just for lawyers; it’s vital for every citizen. Knowing that law comes from both explicit legislative acts and, in some cases, established customs, helps you:

    • Understand Your Rights and Responsibilities: Knowing where laws come from empowers you to better understand the rules that govern your life, your property, and your interactions with others.
    • Navigate Disputes: Whether you’re dealing with a contract issue, a property dispute, or any other legal challenge, identifying the applicable law – be it a statute or an established custom – is the first step toward resolution.
    • Engage with the Legal System: It demystifies the legal process, showing that laws aren’t just arbitrary rules, but expressions of collective will or long-accepted practices.

    Need Legal Guidance? Contact Us Today.

    The intricate details of Louisiana law can be complex. If you have questions about a specific legal matter, or if you believe your rights might be affected by legislation or custom, don’t hesitate to seek professional legal advice. Our experienced team is here to help you understand your situation and navigate the legal landscape. Contact us today for a consultation.

    Written By Berniard Law Firm

    Other Berniard Law Firm Articles: The Two Pillars of Louisiana Law: Legislation & Custom Explained (CC Arts. 1-3)

    and

    Who’s Responsible When a Step Collapses?

  • Louisiana Court Grapples with Complexities of Adoption in Wrongful Death Case

    A recent ruling by the Louisiana Court of Appeal, Third Circuit, has shed light on the complex interplay between adoption and the right to file wrongful death and survival actions. The consolidated cases, stemming from a tragic car accident that claimed the lives of Richard Stewart, Jr., and his two minor children, raised questions about whether adopted children and biological half-siblings can pursue such claims.

    The accident resulted in the deaths of Richard Stewart, Jr., and his two minor children. Mr. Stewart was survived by his wife, Lisa Stewart, and two adult sons, Daniel Goins and David Watts, who were adopted as minors. Additionally, the deceased minor children had a biological mother, Brandi Hardie, who was not a party to the lawsuits.

    Following the accident, multiple survival and wrongful death actions were filed. The central issue was whether Goins and Watts, as adopted children and biological half-siblings, had the right to bring these claims.

    The trial court denied the defendants’ exceptions of no right of action, allowing Goins and Watts to pursue their claims. The court reasoned that biological relationships and dependency, rather than legal classifications, should determine a child’s rights in such cases.

    The Court of Appeal, in a split decision, granted the defendants’ exceptions of no right of action concerning Goins’ claims for the deaths of his biological father and half-siblings. The majority concluded that adoption terminates the legal relationship between the adopted child and their biological parents, barring them from pursuing wrongful death claims.

    Judges Cooks and Savoie dissented, arguing that the Louisiana Civil Code articles governing wrongful death and survival actions do not exclude adopted children or half-siblings. They emphasized the importance of biological relationships and the potential unconstitutionality of denying adopted children the right to file such claims.

    Judge Conery concurred in part and dissented in part, agreeing with the dissenters regarding the inclusion of adopted children and half-siblings but disagreeing on the specific outcome of the case. He highlighted the need for the biological mother of the deceased minor children to be included in the proceedings to determine her potential abandonment and its impact on the siblings’ right to sue.

    This case illustrates the legal complexities surrounding adoption and inheritance rights in the context of wrongful death and survival actions. It underscores the ongoing debate about the balance between biological and legal relationships in determining who can seek compensation for the loss of a loved one.

    The dissenting opinions raise important questions about the potential implications of excluding adopted children from pursuing wrongful death claims, particularly concerning their constitutional rights.

    As the law continues to evolve in this area, it is crucial for individuals involved in adoption or facing the tragic loss of a loved one to seek legal counsel to understand their rights and navigate the complexities of the legal system.

    Additional Sources: KHRISTY GOINS RISMILLER, TUTRIX FOR DANIEL EDWARDS GOINS VERSUS GEMINI INSURANCE COMPANY, ET AL.

    Written by Berniard Law Firm

    Other Berniard Law Firm Articles on Who Has a Right to Bring a Lawsuit: Louisiana Court holds that tutors are not considered a “parent” entitled to bring a claim for loss of consortium and Biological Father Denied Claim in Son’s Louisiana Wrongful Death LawSuit

  • Granddaughters and Medical Malpractice in Louisiana: Who Can Initiate the Claim?

    In the recent Louisiana Court of Appeal, Third Circuit, decision of Guffey v. Lexington House, the court delved into the complexities of prescription (the Louisiana equivalent of a statute of limitations) in medical malpractice cases. This ruling provides valuable insights into the interplay between the Louisiana Medical Malpractice Act (LMMA) and the state’s Civil Code, specifically concerning who can initiate a medical review panel and how that affects prescription for potential plaintiffs. This blog post will dissect the Guffey decision, analyze its implications, and offer guidance for navigating medical malpractice claims in Louisiana.

    Case Background

    Geneva Guffey, a nursing home resident, suffered a severe leg injury when a Lexington House employee dropped her during a transfer. She tragically passed away a few months later. Her granddaughter, Deana Fredrick, initiated the medical review panel process, a prerequisite to filing a medical malpractice lawsuit in Louisiana.

    Lexington House challenged Deana’s right to file the request, arguing she wasn’t a direct beneficiary under Louisiana law. The trial court and the Court of Appeal initially sided with Deana, allowing the medical review panel to proceed.

    The panel found that Lexington House had breached the standard of care. Subsequently, two of Geneva’s children filed a lawsuit. Lexington House responded with exceptions of vagueness and prescription, the latter being the focus of this appeal. They argued that the lawsuit was filed beyond the one-year prescriptive period and that Deana’s initial filing did not suspend prescription for the other potential plaintiffs. The trial court denied the exception of prescription, leading to this appeal.

    Court’s Ruling

    The Court of Appeal upheld the trial court’s decision, denying the exception of prescription. The court focused on the definition of “claimant” under the LMMA and concluded that there’s a distinction between the right to initiate the medical review panel process and the right to file a lawsuit after the panel’s decision.

    The court reasoned that the LMMA’s definition of “claimant” is broad, encompassing not just direct beneficiaries but also representatives of the patient or the decedent’s estate. This broad definition serves the LMMA’s purpose, which is to facilitate the efficient resolution of medical malpractice claims.

    The court also addressed the argument that allowing anyone to initiate the medical review panel process would render meaningless a provision allowing healthcare providers to raise an exception of no right of action. The court countered that the LMMA’s definition of “claimant” is specific enough to prevent frivolous claims.

    Key Takeaways from the Guffey Decision

    • Broad Definition of “Claimant”: The LMMA’s definition of “claimant” is inclusive, allowing not only direct beneficiaries but also representatives of the patient or the decedent’s estate to initiate the medical review panel process.
    • Suspension of Prescription: Filing a request for a medical review panel suspends prescriptions for all potential plaintiffs, even those not directly involved in the panel process.
    • Distinction Between Panel Initiation and Lawsuit: The right to initiate the medical review panel process doesn’t necessarily equate to the right to file a lawsuit after the panel’s decision. The Louisiana Civil Code’s provisions on wrongful death and survival actions determine the latter.

    Implications for Medical Malpractice Claims

    The Guffey decision clarifies several aspects of medical malpractice litigation in Louisiana. It underscores the importance of initiating the medical review panel process in a timely manner, as this suspends prescriptions for all potential plaintiffs. It also highlights the broad definition of “claimant” under the LMMA, potentially allowing a wider range of individuals to initiate the process.

    However, it’s important to remember that initiating the panel process doesn’t automatically guarantee the right to file a lawsuit. The right to sue is still governed by the Louisiana Civil Code, which specifies the classes of beneficiaries who can bring wrongful death and survival actions.

    If you are considering filing a medical malpractice claim in Louisiana, consulting with an experienced attorney is crucial. They can help you navigate the complexities of the LMMA, ensure compliance with procedural rules, and protect your rights throughout the process.

    Additional Sources: JAMES E. GUFFEY, ET AL. VERSUS LEXINGTON HOUSE, LLC 

    Article Written By Berniard Law Firm

    Additional Berniard Law Firm Article on Prescription: Grieving Widow Granted Opportunity to Fight Prescription in Medical Malpractice Case and Trial Court Errs by Granting an Exception of Prescription to Insurance Company