COLLEGE OF LAW
COLLEGE OF LAW
CIVIL vs. COMMON LAW
Loyola’s Common and Civil Law Curriculum and Certificates The curriculum at Loyola University New Orleans College of Law is an outgrowth of Louisiana’s unique legal heritage. Louisiana is the only civil law jurisdiction in the country where disputes in the private sector are primarily settled by reference to the Louisiana Civil Code. The other 49 states are common law jurisdictions where disputes are resolved by legal precedents created by judicial decisions over time. Because of this, Loyola offers two curriculums: common law for students who know they will practice outside of Louisiana, and civil law for students who know they will practice in Louisiana. Loyola College of Law is one of only a few law schools in the world offering both curriculums. During the first year, all students take Legal Research and Writing, Torts, Civil Procedure, Criminal Law, Moot Court, and Legal Profession. To round out the curriculum, common law students take Common Law Property and Contracts, while civil law students take Civil Law Property and Conventional Obligations. After the first-year required courses are completed, students may use their electives to take general courses and to participate in one or more certificate programs: Civil Law Studies* Common Law Studies** Environmental Law International Legal Studies Tax Law
WHY STUDY BOTH?
* for common law students ** for civil law students
Office of Law Admissions 7214 St. Charles Avenue
“I am pursuing a Common Law Certificate because I know that studying both types of law not only broadens my understanding for research purposes, but can help if I want to take the bar in another state in the future. The law isn’t isolated within each state, so I want to be prepared not just to take the bar, but also to practice afterwards.” — Desmonde Bennett, second-year student
Campus Box 904 New Orleans, LA 70118 (504) 861-5575 fax: (504) 861-5772 www.law.loyno.edu e-mail: ladmit@loyno.edu
www.law.loyno.edu
LOYOLA UNIVERSITY NEW ORLEANS COLLEGE OF LAW • CERTIFICATE PROGRAMS A SHORT HISTORY LESSON Why is Louisiana the only civil law jurisdiction in the United States? Prior to the Louisiana Purchase of 1803, the Louisiana Territory was governed at different times by the French and the Spanish. The law in effect was a blend of the civil traditions of Roman, French, and Spanish law. After the Purchase, the governor of the Territory of Orleans and other federal public officials pressured Louisiana locals to adopt the common law system, brought to this country from England and prevalent in the rest of the United States.
WHY STUDY CIVIL LAW? Civil law is the dominant legal system in much of the world. Therefore, common law students who earn the civil law studies certificate will have a conceptual grid for understanding the world’s two great legal systems—a priceless commodity in today’s competitive and ever-changing legal market.
To earn the Civil Law Certificate, common law students must take Civil Law Property, Conventional Obligations, and one of the following courses: Successions Sales and Leases Civil Law of Persons Louisiana Donations and Trusts Community Property Security Rights To earn the Common Law Certificate, civil law students must take Common Law Property II, Commercial Transactions, and one of the following courses: Contracts II Common Law Property I Trusts and Estates Secured Transactions
The territory’s French and Spanish political power base strongly resisted, claiming the superiority of the civil law structure. They argued economic and social chaos would result from a conversion—for years, their citizens married, sold and willed property, and conducted business in the civil law tradition. After several legal struggles between the governor and the territory’s legislative council, a digest of the civil laws already in effect in the territory was enacted. The Louisiana legislature adopted a Civil Code in 1825 that incorporated French and Spanish law and is still in effect today. Louisiana is not a pure civil law jurisdiction—it is subject to the U.S. Constitution, which is based on many elements of common law. Louisiana has partially adopted the Uniform Commercial Code enacted by the other 49 states which harmonizes the law of sales and commercial transactions. Finally, although the code is the primary source of law to be considered by Louisiana courts, local jurists consider relevant precedent when making decisions far more than jurists in pure civil law jurisdictions.
REQUIREMENTS
Students earning either certificate must satisfy the Perspectives Course requirement by taking Western Legal Tradition or Comparative Law. In addition, both certificates require a student to satisfy the “Perspective Course” requirement by taking either Western Legal Tradition (3 hrs.) or Comparative Law (3 hrs.).
Louisiana is unique among the 50 U.S. states—having a legal system partially based on French and Spanish codes (and ultimately Roman law), as opposed to English common law.