Louisiana Private Investigator Licensing Practice Exam

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What is considered a secondary source of law in Louisiana jurisprudence?

  1. Stare decisis

  2. Constitution

  3. Code of Civil Procedure

  4. Jurisprudence constante

The correct answer is: Jurisprudence constante

In Louisiana jurisprudence, jurisprudence constante is recognized as a secondary source of law. This term refers to a line of consistent decisions from the courts that, while not legally binding like statutes or the Constitution, help to interpret the law and offer guidance on how it is applied in similar cases. The value of jurisprudence constante lies in its ability to provide a reliable understanding of legal principles as they have been applied historically by the courts, thus assisting private investigators and legal professionals in interpreting laws and making informed decisions based on established judicial patterns. On the other hand, the Constitution, the Code of Civil Procedure, and stare decisis all represent primary sources of law. The Constitution is the supreme law of the land, while the Code of Civil Procedure outlines the rules governing civil proceedings, and stare decisis is the legal principle that obliges courts to follow historical cases when making a ruling on a similar case. These primary sources establish mandatory legal frameworks, whereas jurisprudence constante serves as a guiding principle that reflects the courts' interpretation and application of those laws over time.