OFFICE of STATE EXAMINER of the LOUISIANA MUNICIPAL Ose Louisiana Form

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French Louisiana was extremely sparsely populated and lacked any real development. In fact in 1717 only 700 Europeans lived in French Louisiana. During the collapse of the Mississippi Company in 1721 only an additional 800 colonists moved to Louisiana. A few decades later France lost the entire territory at the conclusion of the 7 years war to Spain and Britain and Louisiana remained under Spanish control from 1763 till 1800 when France defeated Spain in the War of the Pyrenees and it was sold to the United States just 3 years later.So no, many of the people in French Louisiana didn’t feel very attached to France as they hadn’t been under French rule for 40 years, and didn’t feel very attached to the Spanish either because they were culturally and linguistically French. Coupled with the fact the Louisiana just didn’t have a high population and didn’t feel for either France nor Spain makes it seem unlikely that they cared much being sold to the USA.

Without giving you too much information, you might consider the following issues like the expansion of slavery, exploration, trade, and westward settlements. You may want to explore the reasons why these aspects might be important as well as explore other aspects.

Monroe Doctrine. A statement of foreign policy issued by President James Monroe in 1823, declaring that the United States would not tolerate intervention by European nations in the affairs of nations in the Americas.This policy basically gave the right of eminent domain to the US in regards to the territories within the continent, east to west. Of course, this also carried over to any territory outside our borders we wanted to slap our brand on. Look at Alaska, and Hawaii.

There is not that much difference between the general law in the rest of the US and the civil law in Louisiana. And keep in mind that the common law of the US is in reality a widely varying system, different in every state. Moving from Illinois to, oh, South Carolina might well be more of a change in law than a move to Louisiana. And going from California to South Carolina would likely be something of a greater change.Keep in mind that civil law covers only the relations between the people of the state. Family law, such as marriages and divorces, the status of children, and relations between husband and wife, including community property; property law, including real estate and personal property, and how property is transferred; decedents estates, including intestate successions and wills, and, just off this, gifts and donations; contract law, in all its guises; and non- contractual obligations such as torts but also relations between neighbors: these are based on the Civil Code.But again, there aren't many differences that the person moving to Louisiana will notice. Again, vocabulary is likely different, but how hard can that be to learn ? The idea of putative marriage is different from the common law idea of what happens if a marriage is bigamous or if a marriage ceremony is flawed - but, really, how often does that come up ? And what do you know about how or if common law marriage works in your state ? Thought you didn't really.Louisiana law about alimony after a divorce might be a change. Some places, I understand, provide that the spouse at fault in the break-up of a marriage is to pay alimony to the innocent party, with the amount of alimony in some proportion to the degree of fault. In Louisiana, the party at fault, if one is, cannot receive alimony, that is, spousal support, and the amount is an essentially economic decision, not a punitive one. A number of states, I also understand, have much the same rules.Louisiana has community property rules, affecting the property acquired during a marriage. But so do Texas and California, and a number of other states, so again Louisiana is not so different.Property law is different in Louisiana. There is no such thing as real estate which a person holds in Louisiana - there is immovable property, which is owned. But immovable property pretty well corresponds to the idea of real estate, so as a practical matter, there is not so much difference.One big difference, big to lawyers, is that in Louisiana there are no future interests, no entail, in land, so the whole vexed problem of the rule against perpetuities never arises. Other places have life estates, terms for years, and indefinite terms; Louisiana has usufructs, which includes them all.Moveable property law is pretty much the same as the general run of other states's law on personal property.Intestate successions work much the same way as everywhere, but I have been told Louisiana court procedure about probate is much simpler than other places.Wills, again are much the same, though Louisiana may have more will forms available than other states do. But the older ones, the different ones, are seldom used.As to gifts, or donations, between living persons, well, I don't know enough about other states to say anything interesting. Louisiana did validate charitable subscription donations earlier than other states did, so if you agree to give money or things to a school in Louisiana, you should plan on actually doing so.Contract law, or the Louisiana law of conventional obligations, has one big difference, one that folks with business educations seem to find very different: there is no requirement for bargain consideration for a contract to be valid in Louisiana. Agreement and lawful cause is enough, though there well may be a formal requirement, much like in the statute of frauds.Those two differences, that there are no future interests in land and no requirement for bargain consideration for contracts are the big legal differences between Louisiana civil law and the general run of common law in the other states which use common law. For readers from California, you might find a comparison of the California Civil Code to the Louisiana Civil Code an interesting exercise. And if your state was an organized part of Spanish North America, the idea of community property should not be a surprise, nor should a lot of family law seem so different.The public law of Louisiana, that is the organization of the state and the relations between the citizen and the state, including taxes, is well within the range of the public law of the rest of the states. Louisiana actually has a pretty modern state constitution.Again, there are differences in vocabulary, but they are pretty trivial. I do wonder about people who find the Louisiana term parish so difficult. It is the equivalent of county - how hard is that ? I have wondered at what a New Jersey township is - but have never been that interested in looking at what is likely a historical artifact.Louisiana criminal law is much like other states' criminal codes - and was actually the first modern codified criminal law in the US. Louisiana does not have common law crimes - does Pennsylvania still have uncodified laws of murder and felony murder ?Louisiana criminal procedure is pretty much the same as everywhere else in the US.Louisiana uses the Uniform Commetcial Code - which seems a very unsatisfactory bunch of statutes to this lawyer. Louisiana corporate law is within the general run of US corporate law, as is Louisiana banking law.Louisiana Civil Procedure is a fact pleading system, and was, actually, the first one of these in the US. Many lawyers may recall that the New York Field Code was the beginning of the end for common law pleading in the US - but the Field Code was a lift from the Louisiana Code of Practice. Mr Field in New York had a brother-in-law who moved to Louisiana, a Mr. Livingston, who was a legislative reporter in Louisiana when Louisiana became an American territory and then a US state. As reporter, he essentially drafted to Louisiana Code of Practice, starting as a translation of the French and Spanish procedures. These procedures had never known the split between common law pleading and equity, and Louisiana had made them fact pleading systems. Livingston sent a copy of his work to Field, and so the Field Code began.Livingstone in Louisiana was also the reporter for the Louisiana Civil Code of 1825, and he sent copies of that to his New York relatives. One of them, Stephen J Field, went to California. When California became a state, it needed laws in accord with US practices, which Field as a big deal legislator helped provide. That is how the Louisiana Civil Code spread west, as did the Louisiana procedural system.Stephen Field had quite a political career in California, eventually as the 5th Chief Justice of California. Even more, he was appointed to the US Supreme Court by Abraham Lincoln in 1863, to a newly created Supreme Court seat, and became the longest serving associate justice. Many lawyers will be familiar with his US Supreme Court opinions, such as Pennoyer v Neff, though they might not remember the name.