Louisiana Private Investigator Licensing Practice Exam

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What are the two primary sources of law recognized by the Louisiana Civil Code?

  1. Case Law and Legislation

  2. Custom and Common Law

  3. Legislation and Custom

  4. Statutory Law and Federal Law

The correct answer is: Legislation and Custom

The Louisiana Civil Code identifies two primary sources of law: legislation and custom. Legislation refers to the laws enacted by the state legislature, which serve as the formal written rules that govern legal matters in Louisiana. Custom, on the other hand, represents practices and usages that have developed over time within the community and can carry legal significance when they are well-established, consistent, and recognized by the courts. Understanding the balance between legislation and custom is essential in Louisiana due to its unique legal system, which has roots in both civil law and common law traditions. Unlike many other states that predominantly rely on case law as a source of legal authority, Louisiana allows customs, under certain conditions, to impact the interpretation and application of laws. Case law, which involves judicial interpretations and rulings, although important, is not a primary source in Louisiana's civil law context. This distinguishes Louisiana from states that primarily follow the common law tradition, where case law plays a more central role. Statutory law and federal law encompass a broader legislative framework but do not specifically align with the sources cited in the Louisiana Civil Code.