Tag: Louisiana law explained

  • 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