Chapters 1-5 - Fundamentals of LA Notarial Law & Practice Exam Q[estions & Answers

Substantive Law VS. Procedural Law - ANSWER_Substantive laws are actual rules that run society whereas procedural laws govern how the system is run. What is Common Law? - ANSWER_System of laws derived from England. It represents principals of law drawn from hundreds of years of decisions by English Judges (and now in the U.S. by American Judges) In the common law, Judges are the "law makers", so the judiciary takes the lead in formulating the laws of the society. What is Precedent or stare decisis? –A NSWER_When previous judicial decisions are used as foundation for future decisions. What is Civil Law? - ANSWER_Systems of law derived from ROman Law where the legislative branch enacts rules for society. Here, Judges are "law Interpreters". The Louisiana Civil Code - ANSWER_a comprehensive system of laws governing most privater conduct between individuals. It comes from Fench and Spanish legal influence Civil Code of 1808 - ANSWER_85% of this code was derived from drafts of Napoleon's Code. It was to be interpreted in the light of the Spanish Law in effect when Louisiana was ceded to the U.S. Justice of the Peace Courts - ANSWER_Handle Disputes up to $5,000; may issue arrest warrants, set bail and hold preliminary court hearings Mayor's Courts - ANSWER_Exist where a city court does not; handle minor traffic matters and petty ordinances City/Parish Courts - ANSWER_trial courts of limited jurisdiction; usually $15,000-$20,000 civil jurisdiction, misdemeanor criminal jurisdiction, and juvenile jurisdiction if no juvenile court in parish