A civil code is a codification of private law relating to property , family , and obligations .
101-507: A jurisdiction that has a civil code generally also has a code of civil procedure . In some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in a civil code may instead be codified in a commercial code . The history of codification dates back to ancient Babylon . The earliest surviving civil code is the Code of Ur-Nammu , written around 2100–2050 BC. The Corpus Juris Civilis ,
202-682: A slave rebellion that started during the French Revolution of Saint-Domingue in 1791. Over the next decade, thousands of refugees landed in Louisiana from the island, including Europeans, Creoles, and Africans, some of the latter brought in by each free group. They greatly increased the French-speaking population in New Orleans and Louisiana, as well as the number of Africans, and the slaves reinforced African culture in
303-618: A Spanish expedition led by Pánfilo de Narváez located the mouth of the Mississippi River. In 1542, Hernando de Soto 's expedition skirted to the north and west of the state (encountering Caddo and Tunica groups) and then followed the Mississippi River down to the Gulf of Mexico in 1543. Spanish interest in Louisiana faded away for a century and a half. In the late 17th century, French and French Canadian expeditions, which included sovereign, religious and commercial aims, established
404-581: A case by way of introducing a general rule — an exercise of legislative — thus, there is no rule of stare decisis (binding precedent) in French law, but some jurisprudence constante , to interpret the law. It might also had influenced other countries. Code of civil procedure Civil procedure is the body of law that sets out the rules and regulations along with some standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how
505-733: A codification of Roman law produced between 529 and 534 AD by the Byzantine emperor Justinian I , forms the basis of civil law legal systems that would rule over Continental Europe . Other codified laws used since ancient times include various texts used in religious law , such as the Law of Manu in Hindu law , Islamic Sharia law, the Mishnah in Jewish Halakha law, and the Canons of
606-498: A foothold on the Mississippi River and Gulf Coast. With its first settlements, France laid claim to a vast region of North America and set out to establish a commercial empire and French nation stretching from the Gulf of Mexico to Canada. In 1682, the French explorer Robert Cavelier de La Salle named the region Louisiana to honor King Louis XIV of France. The first permanent settlement, Fort Maurepas (now Ocean Springs, Mississippi ),
707-558: A growing town. This became a pattern repeated in New Orleans and other places, although the commodity crop in the south was primarily sugar cane. Louisiana's French settlements contributed to further exploration and outposts, concentrated along the banks of the Mississippi and its major tributaries, from Louisiana to as far north as the region called the Illinois Country , around present-day St. Louis, Missouri . The latter
808-488: A lawsuit or case may be commenced; what kind of service of process (if any) is required; the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases; the timing and manner of depositions and discovery or disclosure; the conduct of trials ; the process for judgment; the process for post-trial procedures; various available remedies ; and how the courts and clerks must function. In most cases, criminal prosecutions are pursued by
909-505: A rich southern biota , including birds such as ibises and egrets , many species of tree frogs —such as the state-recognized American green tree frog —and fish such as sturgeon and paddlefish . More elevated areas, particularly in the north, contain a wide variety of ecosystems such as tallgrass prairie , longleaf pine forest and wet savannas ; these support an exceptionally large number of plant species, including many species of terrestrial orchids and carnivorous plants . Over half
1010-606: A special envoy to Napoleon, to assist in obtaining New Orleans for the United States. Jefferson also raised the authorized expenditure to $ 10 million. However, on April 11, 1803, French foreign minister Talleyrand surprised Livingston by asking how much the United States was prepared to pay for the entirety of Louisiana, not just New Orleans and the surrounding area (as Livingston's instructions covered). Monroe agreed with Livingston that Napoleon might withdraw this offer at any time (leaving them with no ability to obtain
1111-416: A victim of a crime may incidentally be awarded compensation by a criminal court judge . Evidence from a criminal trial is generally admissible as evidence in a civil action about the same matter. For example, the victim of a road accident does not directly benefit if the driver who injured them is found guilty of the crime of careless driving. The victim still has to prove his case in a civil action, unless
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#17327653299221212-530: A war or the loss of a single American life, and set a precedent for the purchase of territory. It opened the way for the eventual expansion of the United States across the continent to the Pacific Ocean. Shortly after the United States took possession, the area was divided into two territories along the 33rd parallel north on March 26, 1804, thereby organizing the Territory of Orleans to the south and
1313-642: Is a Latin suffix that can refer to "information relating to a particular individual, subject, or place." Thus, roughly, Louis + ana carries the idea of "related to Louis." Once part of the French colonial empire , the Louisiana Territory stretched from present-day Mobile Bay to just north of the present-day Canada–United States border , including a small part of what are now the Canadian provinces of Alberta and Saskatchewan . The area of Louisiana
1414-412: Is appealed). Most countries make a clear distinction between civil and criminal procedure. For example, a criminal court may force a convicted defendant to pay a fine as punishment for their crime, and the legal costs of both the prosecution and defence. But the victim of the crime generally pursues their claim for compensation in a civil, not a criminal, action. In France and England, however,
1515-550: Is estimated to have had a population of more than 20,000. The Plaquemine culture is considered ancestral to the historic Natchez and Taensa peoples, whose descendants encountered Europeans in the colonial era. By 1000 in the northwestern part of the state, the Fourche Maline culture had evolved into the Caddoan Mississippian culture. The Caddoan Mississippians occupied a large territory, including what
1616-981: Is now eastern Oklahoma, western Arkansas, northeast Texas , and northwest Louisiana. Archaeological evidence has demonstrated that the cultural continuity is unbroken from prehistory to the present. The Caddo and related Caddo-language speakers in prehistoric times and at first European contact were the direct ancestors of the modern Caddo Nation of Oklahoma of today. Significant Caddoan Mississippian archaeological sites in Louisiana include Belcher Mound Site in Caddo Parish and Gahagan Mounds Site in Red River Parish. Many current place names in Louisiana, including Atchafalaya , Natchitouches (now spelled Natchitoches ), Caddo, Houma , Tangipahoa , and Avoyel (as Avoyelles ), are transliterations of those used in various Native American languages. The first European explorers to visit Louisiana came in 1528 when
1717-559: Is strong evidence of a growing cultural and political complexity. Many Coles Creek sites were erected over earlier Woodland period mortuary mounds. Scholars have speculated that emerging elites were symbolically and physically appropriating dead ancestors to emphasize and project their own authority. The Mississippian period in Louisiana was when the Plaquemine and the Caddoan Mississippian cultures developed, and
1818-728: Is strongly reflected by its content. The French code was the most influential one because it was introduced in many countries standing under French occupation during the Napoleonic Wars . In particular, countries such as Italy , the Benelux countries, Spain , Portugal (with the Civil Code of 1867, later replaced by the Civil Code of 1966, which is strongly influenced by the German BGB), the Latin American countries,
1919-585: Is the place of origin of the Mound Builders culture during the Middle Archaic period , in the 4th millennium BC . The sites of Caney and Frenchman's Bend have been securely dated to 5600–5000 BP (about 3700–3100 BC), demonstrating that seasonal hunter-gatherers from around this time organized to build complex earthwork constructions in what is now northern Louisiana. The Watson Brake site near present-day Monroe has an eleven-mound complex; it
2020-524: Is the state's capital, and New Orleans , a French Louisiana region, is its largest city with a population of about 383,000 people. Louisiana has a coastline with the Gulf of Mexico to the south; a large part of its eastern boundary is demarcated by the Mississippi River . Much of Louisiana's lands were formed from sediment washed down the Mississippi River, leaving enormous deltas and vast areas of coastal marsh and swamp . These contain
2121-651: Is typically taught according to the Pandect System (which was devised by German scholars in the time between the enactment of the Austrian and the German Codes), even though this is not consistent with the structure of the Code. The following is the list of national or regional civil codes by alphabetic order of names of countries or regions: The legislation of the Civil Code of China was started in 1954, after
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#17327653299222222-598: Is very different in form and content from all other civil codes. Another unique example is the Louisiana Civil Code , based on Spanish law Las Siete Partidas , but incorrectly credited to be based on French Law. In 1825, Haiti promulgated a Code Civil , that was simply a copy of the Napoleonic one; while Louisiana abolished its Digeste , replacing it with the Code Civil de l'État de la Louisiane
2323-497: Is yet to pass a law in this regard. A typical civil code deals with the fields of law known to the common lawyer as law of contracts , torts , property law , family law and the law of inheritance . Commercial law , corporate law and civil procedure are usually codified separately. The older civil codes such as the French, Egyptian, Austrian and Spanish ones are structured under the Institutional System of
2424-683: The Du Maine and the Aurore , arrived in New Orleans carrying more than 500 black slaves coming from Africa. Previous slaves in Louisiana had been transported from French colonies in the West Indies. By the end of 1721, New Orleans counted 1,256 inhabitants, of whom about half were slaves. In 1724, the French government issued a law called the Code Noir ("Black Code" in English) which regulated
2525-558: The Roman jurist Gaius and generally have three large parts: The newer codes such as the ones of Germany, Switzerland, Greece, Portugal, Romania and Catalonia are structured according to the Pandectist System : The civil code of the state of Louisiana , following the institutions system, is divided into five parts: Pandectism also had an influence on the earlier codes and their interpretation. For example, Austrian civil law
2626-503: The state in order to punish offenders, although some systems, such as in English and French law, allow citizens to bring a private prosecution . Conversely, civil actions are initiated by private individuals , companies or organizations, for their own benefit. Government agencies may also be a party to civil actions. Civil and criminal cases are usually heard in different courts. In jurisdictions based on English common-law systems,
2727-755: The 18th century in Germany , when the states of Austria , Prussia , Bavaria and Saxony began to codify their laws. The first statute that used this denomination was the Codex Maximilianeus bavaricus civilis of 1756 in Bavaria, still using the Latin language. It was followed in 1792 by a legal compilation that included civil, penal, and constitutional law, the Allgemeines Landrecht für die Preussischen Staaten (General National Law for
2828-541: The 8th year); nevertheless, in 1808 a Digeste de la loi civile was sanctioned. In the United States , codification appears to be widespread at a first glance, but U.S. legal codes are actually collections of common law rules and a variety of ad hoc statutes; that is, they do not aspire to complete logical coherence. For example, the California Civil Code largely codifies common law doctrine and
2929-643: The Acadians, who became the ancestors of Louisiana's Cajuns . Spanish Canary Islanders, called Isleños , emigrated from the Canary Islands of Spain to Louisiana under the Spanish crown between 1778 and 1783. In 1800, France's Napoleon Bonaparte reacquired Louisiana from Spain in the Treaty of San Ildefonso , an arrangement kept secret for two years. Jean-Baptiste Le Moyne, Sieur de Bienville brought
3030-635: The Apostles in Christian Canon law . The idea of codification re-emerged during the Age of Enlightenment , when it was believed that all spheres of life could be dealt with in a conclusive system based on human rationality , following from the experience of the early codifications of Roman Law during the Roman Empire . The first attempts at modern codification were made in the second half of
3131-688: The Argentine code, replacing its code of 1903. Cuba had the old Civil Code of Spain until the year 1987 when the National Assembly of People's Power approved the Cuban Civil Code, Law 59. The Portuguese Civil Code of 1868 was introduced in the Portuguese overseas territories of Asia ( Portuguese India , Macau and Portuguese Timor ) from 1870, with local modifications being latter introduced. It continued to be in effect in
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3232-418: The Civil Code. It was passed on May 28 and came into force on January 1, 2021. Inspired by Justinian's sixth-century codification of Roman law. Differ with comprehensive rewrite including earlier rules, in a rational structure rather than a religious content. This made laws clearer and more accessible and superseded the conflict between royal and judges legislative power. This code prohibits judges from deciding
3333-578: The Code Civil du Bas-Canada (or Civil Code of Lower Canada ) was promulgated in Lower Canada (later the Canadian province of Quebec ). It was replaced in 1991 by a new Civil Code of Quebec , which came into effect in 1994. Uruguay promulgated its code in 1868, and Argentina in 1869 (work by Dalmacio Vélez Sársfield ). Paraguay adopted its code in 1987, and in 1877 Guatemala adopted
3434-659: The Crown's transfer of the Illinois Country 's governance from Canada to Louisiana—may have featured the broadest definition of Louisiana: all land claimed by France south of the Great Lakes between the Rocky Mountains and the Alleghenies . A generation later, trade conflicts between Canada and Louisiana led to a more defined boundary between the French colonies; in 1745, Louisiana governor general Vaudreuil set
3535-683: The First law of the Civil Code of Catalonia, Parliament of Catalonia's several laws have approved the successive books of the Civil Code of Catalonia . This has replaced most of the Compilation of the Civil Law of Catalonia, several special laws and two partial codes. Only the Sixth book, relating to obligations and contracts, has to be approved. In Europe, apart from the common law countries of
3636-582: The French Civil Code was structured in a "casuistic" approach attempting to regulate every possible case, the German BGB and the later Swiss ZGB applied a more abstract and systematic approach. Therefore, the BGB had a great deal of influence on later codification projects in countries as diverse as Japan , Greece , Turkey , Portugal (1966 Civil Code) and Macau (1999 Civil Code). Since 2002 with
3737-618: The Peruvian code of 1852. Nicaragua in 1904 replaced its civil code of 1867 by adopting the Argentine code. In 1916 Brazil enacted its civil code (project of Clovis Bevilacqua , after rejecting the project by Teixeira de Freitas that was translated by the Argentines to prepare their project), that entered into effect in 1917 (in 2002, the Brazilian Civil Code was replaced by a new text). Brazilian Civil Code of 1916
3838-764: The Portuguese Code was replaced by the Indonesian Code when Indonesia occupied that territory in 1975. Macau adopted its own Civil Code in 1999, although this being based in the Portuguese Code of 1966. Also the civil code of Spain of 1889 would be enforced in its colony , the Philippines , and this would remain in effect even after the end of Spanish rule until the Philippines enacted its own Civil Code in 1950 after almost fifty years of U.S. rule. Many legal systems of other countries in Asia are within
3939-638: The Prussian States) promulgated by King Frederick II the Great . In Austria, the first step towards fully-fledged codification were the yet incomplete Codex Theresianus (compiled between 1753 and 1766), the Josephinian Code (1787) and the complete West Galician Code (enacted as a test in Galicia in 1797). The final Austrian Civil Code (called Allgemeines bürgerliches Gesetzbuch , ABGB)
4040-618: The Seven Years' War (generally referred to in North America as the French and Indian War ). This included the lands along the Gulf Coast and north of Lake Pontchartrain to the Mississippi River, which became known as British West Florida. The rest of Louisiana west of the Mississippi, as well as the "isle of New Orleans", had become a colony of Spain by the Treaty of Fontainebleau (1762) . The transfer of power on either side of
4141-609: The Spanish "cimarron", meaning which means "fierce" or "unruly." In the late 18th century, the last Spanish governor of the Louisiana territory wrote: Truly, it is impossible for lower Louisiana to get along without slaves and with the use of slaves, the colony had been making great strides toward prosperity and wealth. When the United States purchased Louisiana in 1803, it was soon accepted that slaves could be brought to Louisiana as easily as they were brought to neighboring Mississippi , though it violated U.S. law to do so. Despite demands by United States Rep. James Hillhouse and by
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4242-407: The State] v. Sanchez" in the United States and "R. ( Rex , Latin for " King " but spoken as "The Crown") v. Sanchez" in England and Wales, amongst other Commonwealth realms . But a civil action between Ms. Sanchez and a Mr. Smith would be "Sanchez v. Smith" if it were started by Sanchez, and "Smith v. Sanchez" if it were started by Mr. Smith (though the order of parties' names can change if the case
4343-399: The United Kingdom and Ireland, only Scandinavia remained untouched by the codification movement. The particular tradition of the civil code originally enacted in a country is often thought to have a lasting influence on the methodology employed in legal interpretation. Scholars of comparative law and economists promoting the legal origins theory of (financial) development usually subdivide
4444-418: The United States acquired the territory in the Louisiana Purchase of 1803, France and Spain jockeyed for control of New Orleans and the lands west of the Mississippi. In the 1720s, German immigrants settled along the Mississippi River, in a region referred to as the German Coast . France ceded most of its territory east of the Mississippi to Great Britain in 1763, in the aftermath of Britain's victory in
4545-403: The United States, was disturbed by Napoleon's plans to re-establish French colonies in North America. With the possession of New Orleans, Napoleon could close the Mississippi to U.S. commerce at any time. Jefferson authorized Robert R. Livingston , U.S. minister to France, to negotiate for the purchase of the city of New Orleans, portions of the east bank of the Mississippi, and free navigation of
4646-419: The United States. The payment was made in United States bonds , which Napoleon sold at face value to the Dutch firm of Hope and Company , and the British banking house of Baring , at a discount of 87 + 1 ⁄ 2 per each $ 100 unit. As a result, France received only $ 8,831,250 in cash for Louisiana. English banker Alexander Baring conferred with Marbois in Paris, shuttled to the United States to pick up
4747-421: The United States. The closure of this vital port to the United States caused anger and consternation. Commerce in the west was virtually blockaded. Historians believe the revocation of the right of deposit was prompted by abuses by the Americans, particularly smuggling, and not by French intrigues as was believed at the time. President Jefferson ignored public pressure for war with France, and appointed James Monroe
4848-535: The Upper South or transported to New Orleans and other coastal markets by ship in the coastwise slave trade . After sales in New Orleans, steamboats operating on the Mississippi transported slaves upstream to markets or plantation destinations at Natchez and Memphis. Unusually for a slave-state, Louisiana harbored escaped Filipino slaves from the Manila Galleons . The members of the Filipino community were then commonly referred to as Manila men, or Manilamen, and later Tagalas , as they were free when they created
4949-409: The Upper South to the Deep South, two thirds of them in the slave trade. Others were transported by their owners as slaveholders moved west for new lands. With changing agriculture in the Upper South as planters shifted from tobacco to less labor-intensive mixed agriculture, planters had excess laborers. Many sold slaves to traders to take to the Deep South. Slaves were driven by traders overland from
5050-436: The West Indies, Germany, and Ireland. It experienced an agricultural boom, particularly in cotton and sugarcane, which were cultivated primarily by slaves from Africa. As a slave state, Louisiana was one of the original seven members of the Confederate States of America during the American Civil War . Louisiana's unique French heritage is reflected in its toponyms, dialects, customs, demographics, and legal system. Relative to
5151-458: The biggest slave market in the United States, which contributed greatly to the economy of the city and of the state. New Orleans had become one of the wealthiest cities, and the third largest city, in the nation. The ban on the African slave trade and importation of slaves had increased demand in the domestic market. During the decades after the American Revolutionary War, more than one million enslaved African Americans underwent forced migration from
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#17327653299225252-406: The bonds, took them to Britain, and returned to France with the money—which Napoleon used to wage war against Baring's own country. When news of the purchase reached the United States, Jefferson was surprised. He had authorized the expenditure of $ 10 million for a port city, and instead received treaties committing the government to spend $ 15 million on a land package which would double
5353-402: The city. Anglo-American officials initially made attempts to keep out the additional Creoles of color , but the Louisiana Creoles wanted to increase the Creole population: more than half of the refugees eventually settled in Louisiana, and the majority remained in New Orleans . Pierre Clément de Laussat ( Governor , 1803) said: "Saint-Domingue was, of all our colonies in the Antilles,
5454-435: The civil law tradition and have enacted a civil code, mostly derived from the German civil code; that is the case of China , Japan , Korea , Thailand (the Civil and Commercial Code), Taiwan and Indonesia (which is influenced by the Dutch Civil Code, Burgerlijke Wetboek ). The Indian Constitution in its Directive Principles of State Policy recommends to a Uniform Civil Code in ts Article 44. The Indian parliament
5555-426: The countries of the civil law tradition as belonging either to the French, Scandinavian or German group (the latter including Germany , Austria , Switzerland , Liechtenstein , Japan , China , Taiwan , South Korea and Ukraine ). The first civil code promulgated in Canada was that of New Brunswick of 1804, inspired by the 1800 project of the French civil code, known as the Projet de l'an VIII (project of
5656-402: The culture, the Atchafalaya Basin Mounds in St. Mary Parish, the Fitzhugh Mounds in Madison Parish, the Scott Place Mounds in Union Parish, and the Sims site in St. Charles Parish. Plaquemine culture was contemporaneous with the Middle Mississippian culture that is represented by its largest settlement, the Cahokia site in Illinois east of St. Louis, Missouri . At its peak Cahokia
5757-436: The desired New Orleans area), and that approval from President Jefferson might take months, so Livingston and Monroe decided to open negotiations immediately. By April 30, they closed a deal for the purchase of the entire Louisiana territory of 828,000 square miles (2,100,000 km ) for sixty million Francs (approximately $ 15 million). Part of this sum, $ 3.5 million, was used to forgive debts owed by France to
5858-430: The doctrine of collateral estoppel applies, as it does in most American jurisdictions. The victim may be able to prove their civil case even when the driver is found not guilty in the criminal trial, because the standard to determine guilt is higher than the standard to determine fault. However, if a driver is found by a civil jury not to have been negligent, a prosecutor may be estopped from charging them criminally. If
5959-410: The evidence and decide what is most probable. Civil procedure is traditionally divided into inquisitorial and adversarial . Louisiana Louisiana (French: Louisiane [lwizjan] ; Spanish: Luisiana [lwiˈsjana] ; Louisiana Creole : Lwizyàn ) is a state in the Deep South and South Central regions of the United States . It borders Texas to
6060-497: The first platform mounds at ritual centers were constructed for the developing hereditary political and religious leadership. By 400 the Late Woodland period had begun with the Baytown culture , Troyville culture , and Coastal Troyville during the Baytown period and were succeeded by the Coles Creek cultures . Where the Baytown peoples built dispersed settlements, the Troyville people instead continued building major earthwork centers. Population increased dramatically and there
6161-456: The first Constitution was adopted. However, legislation was stopped and resumed for several times, while China adopted several civil laws instead. In 2014, the current legislation procedure started, and the first part, the General Provisions, was adopted in 2017 National People's Congress . Despite the delay of the 2020 National People's Congress due to the COVID-19 pandemic , the Congressmen gathered in Beijing on May 22 to discuss and vote for
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#17327653299226262-399: The first people in the area of Louisiana to make large amounts of pottery. These cultures lasted until 200 AD. The Middle Woodland period started in Louisiana with the Marksville culture in the southern and eastern part of the state, reaching across the Mississippi River to the east around Natchez, and the Fourche Maline culture in the northwestern part of the state. The Marksville culture
6363-480: The first two African slaves to Louisiana in 1708, transporting them from a French colony in the West Indies. In 1709, French financier Antoine Crozat obtained a monopoly of commerce in La Louisiane , which extended from the Gulf of Mexico to what is now Illinois . According to historian Hugh Thomas , "that concession allowed him to bring in a cargo of blacks from Africa every year". Starting in 1719, traders began to import slaves in higher numbers; two French ships,
6464-448: The former Portuguese India even after the end of the Portuguese rule in 1961. It is still in force in the present Indian territories of Goa (locally referred as the Goa civil code ), Daman and Diu and Dadra and Nagar Haveli . As Macau and Portuguese Timor were still under Portuguese rule when the Portuguese Civil Code of 1868 was replaced by that of 1966, this later was adopted by these territories. In East Timor (ex-Portuguese Timor),
6565-474: The influence of New England Federalists in national affairs. President Jefferson was an enthusiastic supporter of westward expansion, and held firm in his support for the treaty. Despite Federalist objections, the U.S. Senate ratified the Louisiana treaty on October 20, 1803. By statute enacted on October 31, 1803, President Thomas Jefferson was authorized to take possession of the territories ceded by France and provide for initial governance. A transfer ceremony
6666-425: The interaction of whites (blancs) and blacks (noirs) in its colony of Louisiana (which was much larger than the current state of Louisiana). After the Sale of Louisiana , French Law survived in the Louisiana, such as the prohibition and outlaw of any cruel punishment. Fugitive slaves, called maroons , could easily hide in the backcountry of the bayous and survive in small settlements. The word "maroon" comes from
6767-460: The islands of Martinique and Guadeloupe to the French. Napoleon looked upon Louisiana as a depot for these sugar islands, and as a buffer to U.S. settlement. In October 1801 he sent a large military force to take back Saint-Domingue, then under control of Toussaint Louverture after the Haitian Revolution . When the army led by Napoleon's brother-in-law Leclerc was defeated, Napoleon decided to sell Louisiana. Thomas Jefferson , third president of
6868-430: The modern state of Louisiana. The French settlement had two purposes: to establish trade with the Spanish in Texas via the Old San Antonio Road, and to deter Spanish advances into Louisiana. The settlement soon became a flourishing river port and crossroads, giving rise to vast cotton kingdoms along the river that were worked by imported African slaves. Over time, planters developed large plantations and built fine homes in
6969-410: The northern and eastern bounds of his domain as the Wabash valley up to the mouth of the Vermilion River (near present-day Danville, Illinois ); from there, northwest to le Rocher on the Illinois River , and from there west to the mouth of the Rock River (at present day Rock Island, Illinois ). Thus, Vincennes and Peoria were the limit of Louisiana's reach; the outposts at Ouiatenon (on
7070-442: The oldest settlement of Asians in the United States in the village of Saint Malo, Louisiana , the inhabitants of which, even joined the United States in the War of 1812 against the British Empire while they were being led by the French-American Jean Lafitte . Spanish occupation of Louisiana lasted from 1769 to 1800. Beginning in the 1790s, waves of immigration took place from Saint-Domingue as refugees poured over following
7171-441: The one whose mentality and customs influenced Louisiana the most." When the United States won its independence from Great Britain in 1783, one of its major concerns was having a European power on its western boundary, and the need for unrestricted access to the Mississippi River. As American settlers pushed west, they found that the Appalachian Mountains provided a barrier to shipping goods eastward. The easiest way to ship produce
7272-559: The pamphleteer Thomas Paine to enforce existing federal law against slavery in the newly acquired territory, slavery prevailed because it was the source of great profits and the lowest-cost labor. At the start of the 19th century, Louisiana was a small producer of sugar with a relatively small number of slaves, compared to Saint-Domingue and the West Indies. It soon thereafter became a major sugar producer as new settlers arrived to develop plantations. William C. C. Claiborne , Louisiana's first United States governor, said African slave labor
7373-445: The party bringing a criminal charge (in most cases, the state) is called the "prosecution", but the party bringing most forms of civil action is the " plaintiff " or " claimant ". In both kinds of action the other party is known as the "defendant". A criminal case against a person called Ms. Sanchez would be described as "The People v. (= "versus", "against" or "and") Sanchez", "The State (or Commonwealth) v. Sanchez" or "[The name of
7474-590: The peoples adopted extensive maize agriculture, cultivating different strains of the plant by saving seeds, selecting for certain characteristics, etc. The Plaquemine culture in the lower Mississippi River Valley in western Mississippi and eastern Louisiana began in 1200 and continued to about 1600. Examples in Louisiana include the Medora site , the archaeological type site for the culture in West Baton Rouge Parish whose characteristics helped define
7575-463: The plaintiff has shown that the defendant is liable, the main remedy in a civil court is the amount of money, or "damages", which the defendant should pay to the plaintiff. Alternative civil remedies include restitution or transfer of property, or an injunction to restrain or order certain actions. The standards of proof are higher in a criminal case than in a civil one, since the state does not wish to risk punishing an innocent person. In English law
7676-585: The pressure for Anglicization , and in 1921, English was shortly made the sole language of instruction in Louisiana schools before a policy of multilingualism was revived in 1974. Louisiana has never had an official language, and the state constitution enumerates "the right of the people to preserve, foster, and promote their respective historic, linguistic, and cultural origins." Based on national averages, Louisiana frequently ranks low among U.S. states in terms of health, education, and development, with high rates of poverty and homicide . In 2018, Louisiana
7777-412: The prosecution must prove the guilt of a criminal " beyond reasonable doubt "; but the plaintiff in a civil action is required to prove his case "on the balance of probabilities". Thus, in a criminal case a crime cannot be proven if the person or persons judging it doubt the guilt of the suspect and have a reason (not just a feeling or intuition) for this doubt. But in a civil case, the court will weigh all
7878-525: The province of Quebec in Canada , and all other former French colonies which base their civil law systems to a strong extent on the Napoleonic Code. It is a misconception that the state of Louisiana in the United States based their civil code on the Napoleonic code. Rather, the drafters of the code were instructed to write a civil code based on the current laws, and the laws that were in effect at
7979-447: The rest of the southern U.S., Louisiana is multilingual and multicultural, reflecting an admixture of Louisiana French ( Cajun , Creole ), Spanish , French Canadian , Acadian , Saint-Domingue Creole , Native American , and West African cultures (generally the descendants of slaves stolen in the 18th century); more recent migrants include Filipinos and Vietnamese. In the post–Civil War environment , Anglo-Americans increased
8080-429: The river for U.S. commerce. Livingston was authorized to pay up to $ 2 million. An official transfer of Louisiana to French ownership had not yet taken place, and Napoleon's deal with the Spanish was a poorly kept secret on the frontier. On October 18, 1802, however, Juan Ventura Morales, acting intendant of Louisiana, made public the intention of Spain to revoke the right of deposit at New Orleans for all cargo from
8181-555: The river would be delayed until later in the decade. In 1765, during Spanish rule, several thousand Acadians from the French colony of Acadia (now Nova Scotia , New Brunswick, and Prince Edward Island ) made their way to Louisiana after having been expelled from Acadia by the British government after the French and Indian War. They settled chiefly in the southwestern Louisiana region now called Acadiana . The governor Luis de Unzaga y Amézaga , eager to gain more settlers, welcomed
8282-517: The same year. The Mexican state of Oaxaca promulgated the first Latin American civil code in 1827, copying the French civil code. Later on, in 1830, the civil code of Bolivia , a summarized copy of the French one, was promulgated by Andrés de Santa Cruz . The latest, with some changes, was adopted by Costa Rica in 1841. The Dominican Republic , in 1845, put into force the original Napoleonic code, in French language (a translation in Spanish
8383-487: The scheme and for the contents (similar to the Castillan law in force in that territory) that was written by Andrés Bello (begun in 1833). This code was integrally adopted by Ecuador in 1858; El Salvador in 1859; Venezuela in 1862 (only during that year); Nicaragua in 1867; Honduras in 1880 (until 1899, and again since 1906); Colombia in 1887; and Panama (after its separation from Colombia in 1903). In 1865,
8484-557: The size of the country. Jefferson's political opponents in the Federalist Party argued the Louisiana purchase was a worthless desert, and that the U.S. constitution did not provide for the acquisition of new land or negotiating treaties without the consent of the federal legislature. What really worried the opposition was the new states which would inevitably be carved from the Louisiana territory, strengthening western and southern interests in U.S. Congress , and further reducing
8585-478: The state is forested. Louisiana is situated at the confluence of the Mississippi river system and the Gulf of Mexico. Its location and biodiversity attracted various indigenous groups thousands of years before Europeans arrived in the 17th century. Louisiana has eighteen Native American tribes—the most of any southern state—of which four are federally recognized and ten are state-recognized. The French claimed
8686-561: The state. The city of modern–day Epps developed near it. The Poverty Point culture may have reached its peak around 1500 BC, making it the first complex culture, and possibly the first tribal culture in North America. It lasted until approximately 700 BC. The Poverty Point culture was followed by the Tchefuncte and Lake Cormorant cultures of the Tchula period , local manifestations of Early Woodland period . The Tchefuncte culture were
8787-481: The territory in 1682, and it became the political, commercial, and population center of the larger colony of New France . From 1762 to 1801 Louisiana was under Spanish rule, briefly returning to French rule before being sold by Napoleon to the U.S. in 1803. It was admitted to the Union in 1812 as the 18th state. Following statehood, Louisiana saw an influx of settlers from the eastern U.S. as well as immigrants from
8888-750: The time were Spanish laws based on Las Siete Partidas . The late 19th century and the beginning 20th century saw the emergence of the School of Pandectism , whose work peaked in the German Civil Code (BGB), which was enacted in 1900 in the course of Germany's national unification project, and in the Swiss Civil Code ( Zivilgesetzbuch ) of 1907. Those two codes had been most advanced in their systematic structure and classification from fundamental and general principles to specific areas of law (e.g. contract law, labour law, inheritance law). While
8989-456: The upper Wabash near present-day Lafayette, Indiana ), Chicago, Fort Miamis (near present-day Fort Wayne, Indiana ), and Prairie du Chien, Wisconsin , operated as dependencies of Canada. The settlement of Natchitoches (along the Red River in present-day northwest Louisiana) was established in 1714 by Louis Juchereau de St. Denis , making it the oldest permanent European settlement in
9090-462: The west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states , it ranks 20th in land area and the 25th in population , with roughly 4.6 million residents. Reflecting its French heritage , Louisiana is the only U.S. state with political subdivisions termed parishes , which are equivalent to counties , making it one of only two U.S. states not subdivided into counties (the other being Alaska and its boroughs ). Baton Rouge
9191-484: Was built about 5400 BP (3500 BC). These discoveries overturned previous assumptions in archaeology that such complex mounds were built only by cultures of more settled peoples who were dependent on maize cultivation. The Hedgepeth Site in Lincoln Parish is more recent, dated to 5200–4500 BP (3300–2600 BC). Nearly 2,000 years later, Poverty Point was built; it is the largest and best-known Late Archaic site in
9292-610: Was considered, by many, as the last code of the 19th century despite being adopted in the 20th century. The reason behind that is that the Brazilian Code of 1916 was the last of the important codes from the era of codifications in the world that had strong liberal influences, and all other codes enacted thereafter were deeply influenced by the social ideals that emerged after World War I and the Soviet Socialist Revolution. Panama in 1916 decided to adopt
9393-403: Was founded in 1699 by Pierre Le Moyne d'Iberville , a French military officer from New France . By then the French had also built a small fort at the mouth of the Mississippi at a settlement they named La Balise (or La Balize) , " seamark " in French. By 1721, they built a 62-foot (19 m) wooden lighthouse-type structure here to guide ships on the river. A royal ordinance of 1722—following
9494-422: Was held in New Orleans on November 29, 1803. Since the Louisiana territory had never officially been turned over to the French, the Spanish took down their flag, and the French raised theirs. The following day, General James Wilkinson accepted possession of New Orleans for the United States. The Louisiana Territory, purchased for less than three cents an acre, doubled the size of the United States overnight, without
9595-690: Was named after the Marksville Prehistoric Indian Site in Avoyelles Parish . These cultures were contemporaneous with the Hopewell cultures of present-day Ohio and Illinois , and participated in the Hopewell Exchange Network. Trade with peoples to the southwest brought the bow and arrow . The first burial mounds were built at this time. Political power began to be consolidated, as
9696-565: Was needed because white laborers "cannot be had in this unhealthy climate." Hugh Thomas wrote that Claiborne was unable to enforce the abolition of the Atlantic slave trade, which the U.S. and Great Britain enacted in 1807. The United States continued to protect the domestic slave trade, including the coastwise trade—the transport of slaves by ship along the Atlantic Coast and to New Orleans and other Gulf ports. By 1840, New Orleans had
9797-625: Was only completed in 1811 after the dissolution of the Holy Roman Empire under the influence of the Napoleonic Wars . One of the first countries to follow up through legal transplants in codification was Serbia , the Serbian Civil Code (1844). Meanwhile, the French Napoleonic code ( Code Civil ) was enacted in 1804 after only a few years of preparation, but it was a child of the French Revolution , which
9898-407: Was published in 1884). In 1852, Peru promulgated its own civil code (based on a project of 1847), which was not a simple copy or imitation of the French one, but presented a more original text based on the Castillan law (of Roman origin) that was previously in force on the Peruvian territory. Chile promulgated its civil code in 1855, an original work in confront with the French code both for
9999-437: Was ranked as the least healthy state in the country, with high levels of drug-related deaths . It also has had the highest homicide rate in the United States since at least the 1990s. Louisiana was named after Louis XIV , King of France from 1643 to 1715. When René-Robert Cavelier, Sieur de La Salle claimed the territory drained by the Mississippi River for France, he named it La Louisiane . The suffix –ana (or –ane)
10100-463: Was settled by French colonists from Illinois. Initially, Mobile and then Biloxi served as the capital of La Louisiane. Recognizing the importance of the Mississippi River to trade and military interests, and wanting to protect the capital from severe coastal storms, France developed New Orleans from 1722 as the seat of civilian and military authority south of the Great Lakes. From then until
10201-558: Was to use a flatboat to float it down the Ohio and Mississippi rivers to the port of New Orleans, where goods could be put on ocean-going vessels. The problem with this route was that the Spanish owned both sides of the Mississippi below Natchez . Napoleon's ambitions in Louisiana involved the creation of a new empire centered on the Caribbean sugar trade . By the terms of the Treaty of Amiens of 1802, Great Britain returned control of
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