Louisiana Law Overview
Louisiana has the most distinctive legal system in the United States, rooted in the Napoleonic Code and French civil law tradition rather than English common law. This creates fundamental differences in legal procedure, property law, and civil law compared to every other state. The state's Private Law is codified in the Louisiana Civil Code, which governs obligations, property, and family law.
Louisiana's legal system also reflects its complex cultural heritage, including French, Spanish, African, and Caribbean influences. The state enacted permitless carry in 2024 and has a unique parish-based government structure (counties are called parishes). Louisiana's oil and gas industry creates significant legal activity in mineral rights, environmental regulation, and tort law.
LouisianaGovernment & Politics
Further information: List of Louisiana Governors, Louisiana law, and Louisiana Constitution
The Louisiana State Capitol in Baton Rouge, the tallest state capitol building in the United States
The Louisiana Governor's Mansion
In 1849, the state moved the capital from New Orleans to Baton Rouge. Donaldsonville, Opelousas, and Shreveport have briefly served as the seat of Louisiana state government. The Louisiana State Capitol and the Louisiana Governor's Mansion are both located in Baton Rouge. The Louisiana Supreme Court, however, did not move to Baton Rouge but remains headquartered in New Orleans.
Louisiana has six congressional districts and is represented in the U.S. House of Representatives by four Republicans and two Democrats. Louisiana had eight votes in the Electoral College for the 2020 election.
In a 2020 study, Louisiana was ranked as the 24th hardest state for citizens to vote in.[256] Louisiana has one of the most restrictive abortion laws in the United States.[257]
The Louisiana State Penitentiary, Angola is the largest maximum-security prison in the United States.[258]
Administrative divisions
Louisiana is divided into 64 parishes (the equivalent of counties in most other states).[259]
Most parishes have an elected government known as the Police Jury,[260] dating from the colonial days. It is the legislative and executive government of the parish, and is elected by the voters. Its members are called Jurors, and together they elect a president as their chairman.
A more limited number of parishes operate under home rule charters, electing various forms of government. This include mayor–council, council–manager (in which the council hires a professional operating manager for the parish), and others.
Civil law
The Louisiana political and legal structure has maintained several elements from the times of French and Spanish governance. One is the use of the term " parish" (from the French: paroisse) in place of " county" for administrative subdivision.[261] Another is the legal system of civil law based on French, German, and Spanish legal codes and ultimately Roman law, as opposed to English common law.
Louisiana's civil law system is what the majority of sovereign states in the world use, especially in Europe and its former colonies, excluding those that derive their legal systems from the British Empire. However, it is incorrect to equate the Louisiana Civil Code with the Napoleonic Code. Although the Napoleonic Code and Louisiana law draw from common legal roots, the Napoleonic Code was never in force in Louisiana, as it was enacted in 1804, after the United States had purchased and annexed Louisiana in 1803.[262]
The Louisiana Civil Code is the controlling authority on civil matters in the state and has been continuously revised and updated since its enactment in 1808. While some of the differences between the legal systems have been bridged due to the strong influence of common law tradition,[263] the civil law tradition is still deeply rooted in most aspects of Louisiana private law.[ citation needed] Thus property, contractual, business entities structure, much of civil procedure, and family law, as well as some aspects of criminal law, are based mostly on traditional Roman legal thinking.[ citation needed]
Marriage
In 1997, Louisiana became the first state to offer the option of a traditional marriage or a covenant marriage.[264] In a covenant marriage, the couple waives their right to a "no-fault" divorce after six months of separation, which is available in a traditional marriage. To divorce under a covenant marriage, a couple must demonstrate cause. Marriages between ascendants and descendants, and marriages between collaterals within the fourth degree (i.e., siblings, aunt and nephew, uncle and niece, first cousins) are prohibited.[[265]](https://en.wikipedia.or
Sourced from Wikipedia (CC-BY-SA 3.0).
Louisiana
Louisiana state laws, regulations, court decisions, and active legislation
Louisiana Court Structure
Louisiana's court system includes justice of the peace courts, city courts, parish courts, district courts (organized into 42 judicial districts), five Courts of Appeal, and the Louisiana Supreme Court. Unlike all other states, Louisiana's civil law tradition means that judicial precedent (stare decisis) plays a different role — statutes and the Civil Code take primacy over case law, though appellate decisions are still influential.
Supreme Court of Louisiana
John L. Weimer
500 total judges
- Court of Appeal, First Circuit (Baton Rouge)
- Court of Appeal, Second Circuit (Shreveport)
- Court of Appeal, Third Circuit (Lake Charles)
- Court of Appeal, Fourth Circuit (New Orleans)
- Court of Appeal, Fifth Circuit (Gretna)
- District Court
- Parish Court
- City Court
- Justice of the Peace Court
- Juvenile Court
- Family Court
- Drug Court
Louisiana is the only U.S. state whose legal system is based on civil law (derived from French and Spanish traditions) rather than common law. Its parishes are equivalent to counties in other states.
Notable Louisiana Legal Distinctions
- •Louisiana is the only state based on the Napoleonic/French civil law tradition rather than English common law
- •Counties are called parishes — the only state to use this designation
- •Louisiana's forced heirship law requires parents to leave a portion of their estate to children
- •The state allows non-unanimous jury verdicts for some offenses (reformed in 2018)
- •Louisiana's community property law derives from French and Spanish legal traditions
Louisiana Legal Landscape
Louisiana's legal landscape is uniquely defined by its civil law tradition, which creates fundamental differences in contract law, property law, successions (estates), and civil procedure. The state's oil and gas industry, cultural diversity, and hurricane exposure create distinctive legal challenges. Criminal justice reform, environmental regulation, and coastal restoration are major legal issues.
Official Louisiana Resources
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Louisiana Legal Forms
Downloadable state-specific legal forms and templates
Compare Louisiana to Other States
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Practice Area Hubs
Deep-dive guides by area of law — family, criminal, business, and more
LouisianaQ&A Library
Common legal questions answered for Louisiana residents
Key Louisiana Laws (27)
Operating a Vehicle While Intoxicated
Louisiana DWI law forbids driving with a BAC of 0.08% or higher, or while impaired by alcohol or drugs. First offense brings 10 days to 6 months jail and $300-$1,000 fines. Third offense becomes a felony; fourth carries 10-30 years prison.
Permitless Carry of Concealed Handguns
Louisiana enacted permitless carry in 2024 for those 18+. No assault weapon bans, magazine limits, or waiting periods. The state constitution subjects gun restrictions to strict scrutiny — among the strongest protections in the nation. Strong Castle Doctrine and Stand Your Ground apply.
Marijuana Decriminalization and Medical Program
Louisiana decriminalized possession of 14 grams or less to a $100 fine with no jail. Medical marijuana is available for qualifying patients through pharmacies, including smokable flower since 2022. Home cultivation and recreational use remain illegal.
Lease of Immovable Property – Obligations of Lessor and Lessee
Louisiana, with its unique civil law system, places no limit on security deposits but requires return within one month. Only 10 days' notice is needed for non-payment eviction (5 in New Orleans). No rent control or just cause eviction. The civil law tradition creates distinctive legal procedures.
Minimum Wage Preemption and Employment Law
Louisiana has no state minimum wage — the federal $7.25/hour applies. The state preempts local minimum wage ordinances. It is both at-will and right-to-work. No state-mandated paid sick leave or family leave. Employment discrimination protections cover employers with 20+ employees.
Unfair Trade Practices Act
Louisiana's Unfair Trade Practices Act bars unfair and deceptive business practices. The Attorney General can seek penalties up to $5,000 per violation. Consumers may sue for actual damages plus attorney's fees, with treble damages for willful violations.
Child Custody – Best Interest of the Child
Louisiana courts award custody based on the best interest of the child, with joint custody preferred. Relocation over 150 miles requires consent or court approval. The state offers covenant marriage with stricter divorce requirements. Grandparent visitation rights are recognized.
Habitual Offender Law – Sentencing Enhancements
Louisiana's habitual offender law enhances sentences for repeat felony convictions, up to life for a fourth offense. 2017 reforms expanded parole eligibility for non-violent offenders after serving 25% of their sentence. Violent and sex offenses retain full enhancement.
Divorce After Living Apart
Louisiana requires spouses to live apart 180 days (no kids) or 365 days (with kids) before granting Article 102 divorce. Article 103 allows immediate divorce for fault grounds like adultery. Property division follows Louisiana's unique community property regime.
Possession of Firearms by Convicted Felons
Louisiana prohibits felons from possessing firearms, punishable by 5-20 years. Non-violent felons may have rights restored after 10 years. No universal background checks, registration, assault weapons ban, or magazine limits. Open carry is permitted without a permit. Local gun laws are preempted.
Assault Defined
Louisiana assault is either attempting a battery or putting someone in fear of one. Simple assault is a misdemeanor with up to 90 days jail and $200 fine. Aggravated assault with a weapon is more serious; with a firearm it becomes a felony (1-10 years).
Battery Defined
Louisiana battery is intentional unwanted force on another person. Simple battery is a misdemeanor (up to 6 months, $1,000 fine). Causing serious injury (second-degree battery) is a felony with up to 8 years. Aggravated battery with a weapon brings up to 10 years.
Possession of Controlled Dangerous Substances
Louisiana decriminalized small amounts of marijuana (under 14g) to a $100 fine. Possession of harder drugs like heroin or meth is a felony (1-5 years for small amounts). Distribution carries up to life imprisonment for certain quantities. Drug-free zone enhancements double sentences.
Theft
Louisiana grades theft by value. Theft under $1,000 is a misdemeanor (up to 6 months, $1,000 fine). Theft of $25,000 or more is a felony with up to 20 years. Multiple thefts within 12 months can be aggregated for grading purposes.
Child Custody Determination
Louisiana custody follows the child's best interest with a preference for joint custody. Courts evaluate emotional ties, parental capacity, stability, and willingness to support the other parent's role. One parent is named the domiciliary parent in joint custody.
Child Support Guidelines
Louisiana child support uses income-shares guidelines based on both parents' combined gross income. Support continues until age 18 or high school graduation (no later than 19). Disabled adult children may get ongoing support. Nonpayment can lead to license suspension and jail.
State Minimum Wage Preemption
Louisiana has no state minimum wage and follows the federal $7.25/hour rate. State law preempts cities and parishes from setting higher local minimums. Tipped workers can be paid $2.13/hour with tips making up the difference to $7.25.
At-Will Employment Doctrine
Louisiana is at-will despite being a civil-law state. Narrow exceptions exist for refusing illegal acts, filing workers' comp claims, and whistleblowing. Discrimination based on protected traits (including unique sickle cell trait protection) is prohibited.
Final Wage Payment on Termination
Louisiana requires final wages by the next regular payday or within 15 days of termination, whichever is first. Failure to pay exposes employers to penalty wages of up to 90 days' pay plus attorney's fees. The Louisiana Workforce Commission handles disputes.
Security Deposits
Louisiana has no cap on security deposit amounts — set by lease. Landlords must return deposits with itemized statements within one month of vacancy. Failure exposes landlords to $300 or actual damages (whichever is greater) plus attorney's fees.
Eviction Procedures
Louisiana eviction is among America's fastest. After a 5-day notice (often waived in leases), landlords file a Rule for Possession with hearings within days. Tenants typically must vacate 24 hours after judgment. Self-help evictions are illegal.
Articles of Organization
Louisiana LLCs are formed by filing Articles of Organization plus an Initial Report with the Secretary of State for $100. Annual reports cost $35. The name must include 'LLC' or similar designation. Operating agreements are recommended but not required.
Louisiana Lemon Law
Louisiana's Lemon Law covers new vehicles with unfixable defects within 1 year or warranty period. After 4 repair attempts or 90 days out of service, consumers can demand a replacement or refund. Excludes motorhomes (covered separately) and used vehicles.
Distribution Without a Will
Louisiana's unique civil-law intestate rules distinguish separate from community property. Descendants inherit separate property; the surviving spouse gets a usufruct over the deceased's community share until death or remarriage. Forced heirship protects certain children.
Forms of Testaments
Louisiana recognizes only two will types: olographic (entirely handwritten and signed by the testator, no witnesses needed) or notarial (typed, signed before a notary and two witnesses). Forced heirship rules limit a testator's ability to disinherit certain children.
Maximum Speed Limits
Louisiana's default speed limits are 70 mph on rural interstates, 65 mph on rural multi-lane divided highways, 55 mph on two-lane rural roads, 30 mph in urban areas, and 25 mph in residential zones. Construction zone fines often double when workers are present.
Small Claims Court
Louisiana small claims handles disputes up to $5,000 with simplified rules so parties can represent themselves. Hearings happen within 30-60 days. Appeals must be filed within 10 days. Small claims excludes eviction and specific performance claims.
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.