Louisiana Civil Code

Understanding How Louisiana Laws Are Interpreted: Clear Language vs. Purpose

Published on: October 28, 2025 | By Berniard Law Firm

Bronze scales of justice engraved with the words Clarity and Purpose, balanced on a polished wooden desk inside a law library with the Louisiana State Capitol visible through an arched window. Have you ever read a law and wondered what it truly means? Or found yourself facing a situation where a rule seemed to apply — but its exact implications were unclear?

In Louisiana, our legal system is based on the civil law tradition, meaning that interpretation depends heavily on the Louisiana Civil Code. Understanding how courts interpret laws helps citizens, businesses, and legal professionals navigate their rights and responsibilities with confidence.

Two key provisions — Article 9 and Article 10 of the Louisiana Civil Code — explain how our courts approach clear laws versus ambiguous ones.

Legislation vs. Custom: Unpacking the Foundations of Louisiana Law

Published on: October 27, 2025 | By Berniard Law Firm

The Building Blocks of Justice: How Louisiana Laws Are Made

Louisiana’s legal system is unique, drawing heavily from its Civil Code tradition. Unlike many other states that primarily rely on ‘common law’ (judge-made law), our system is rooted in comprehensive written statutes. But where do these rules come from, and how do we interpret them? Understanding the foundational principles of Louisiana law, as laid out in the Louisiana Civil Code, is key to knowing your rights and obligations.

Legislation: The Primary Source of Our Laws (Louisiana Civil Code Article 2)

The Foundations of Louisiana Law: Where Our Rules Come From

Published on: October 23, 2025 | By Berniard Law Firm

What is Law in Louisiana? More Than Just Written Words

Have you ever wondered what makes something a “law” in Louisiana? It might seem like a simple question, but understanding the true sources of our legal rules is crucial for navigating everyday life and protecting your rights. In Louisiana, a unique legal system rooted in the civil law tradition, the answer is a fascinating blend of official pronouncements and long-standing practices. Today, we’ll break down the fundamental concepts found in Louisiana Civil Code Articles 1, 2, and 3, which together explain where our laws originate.

The Primary Source: Legislation – The Will of the People (CC 1 & 2)

Louisiana Court Grapples with Complexities of Adoption in Wrongful Death Case

Published on: September 16, 2024 | By Berniard Law Firm

pexels-fotios-photos-1909015-scaled A recent ruling by the Louisiana Court of Appeal, Third Circuit, has shed light on the complex interplay between adoption and the right to file wrongful death and survival actions. The consolidated cases, stemming from a tragic car accident that claimed the lives of Richard Stewart, Jr., and his two minor children, raised questions about whether adopted children and biological half-siblings can pursue such claims.

The accident resulted in the deaths of Richard Stewart, Jr., and his two minor children. Mr. Stewart was survived by his wife, Lisa Stewart, and two adult sons, Daniel Goins and David Watts, who were adopted as minors. Additionally, the deceased minor children had a biological mother, Brandi Hardie, who was not a party to the lawsuits.

Following the accident, multiple survival and wrongful death actions were filed. The central issue was whether Goins and Watts, as adopted children and biological half-siblings, had the right to bring these claims.

Granddaughters and Medical Malpractice in Louisiana: Who Can Initiate the Claim?

Published on: August 23, 2024 | By Berniard Law Firm

pexels-pixabay-263402-scaled In the recent Louisiana Court of Appeal, Third Circuit, decision of Guffey v. Lexington House, the court delved into the complexities of prescription (the Louisiana equivalent of a statute of limitations) in medical malpractice cases. This ruling provides valuable insights into the interplay between the Louisiana Medical Malpractice Act (LMMA) and the state’s Civil Code, specifically concerning who can initiate a medical review panel and how that affects prescription for potential plaintiffs. This blog post will dissect the Guffey decision, analyze its implications, and offer guidance for navigating medical malpractice claims in Louisiana.

Case Background

Geneva Guffey, a nursing home resident, suffered a severe leg injury when a Lexington House employee dropped her during a transfer. She tragically passed away a few months later. Her granddaughter, Deana Fredrick, initiated the medical review panel process, a prerequisite to filing a medical malpractice lawsuit in Louisiana.