Summary
A Louisiana attorney is constantly asked by non-Louisiana peers if the state ever adopted the Uniform Commercial Code or if they are still using the old, outdated, Napoleonic Code. Though Louisiana has stark interpretations of the relevance of the UCC, the state has adopted the code in piecemeal. This article is a partial synopsis of introducing readers to a few of the concepts of UCC as adopted by Louisiana compared to the existing principles of the law of sales.
Key Learning Points
The Uniform Commercial Code remains under study by the Louisiana Law Institute. The Uniform Commercial Code presumes that most states are based on English Common Law. Louisiana was, as remains, based on the French Napoleonic Code and theories borrowed from the Spanish Civil Codex (Callens, 2012, p. 70). These ideas were carried over when the territory was purchased by the United States, virtually guaranteeing residents old civil on contracts and property. To be cynical, the UCC would have destroyed the corrupt political atmosphere at the time, especially the extortion events surrounded the governor Edwin Edwards. Instead, Louisiana decided to "grandfather" the old contract and business definitions. Similarly, many other states' legislatures adopted the UCC, but have significant differences with one or more sections, and have amended some items that they deem misguided or unorthodox with their own sense of what the law should be.
Much of the law is so similar that the differences may be technical only, so Louisiana does just fine in their day-to-day commercial transactions. Louisiana, due in part of its political history, was originally the only state governed by Civil Law rather than the Common Law. The latter was a direct inheritance fr...
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Louisiana has, more or less, enacted its own civil code unique to its own heritage. Many non-Louisianans still visualize the state clinging on to an old antiquated doctrine and rejecting the dogma of the UCC. However, Louisiana has not adopted all of the UCC. Specifically, Louisiana has chose not to pass Article 2, Sales of Goods, into law. Louisiana’s own civil law continues to govern the sale of goods in that state. In Louisiana, no attempt is made to distinguish sales from other transactions, such as contracts, leases, and partnerships.
It is evident that with increased business involving other states, and possible loss of business due to different rules and laws, Louisiana should continue to rethink their stance and weigh the advantages and disadvantages of fully adopting the UCC. This would allow them to better compete with the ever changing environment.
The states above 35 30 latitude line in the Louisiana purchase were all free states. States below the line were slave states. Former president Thomas Jefferson saw what the potential anger build up could lead to and tried to warn the congress. Henry Clay came up with the American System which is where the government paid for road and canals. Monroe took no time shooting this idea down. Monroe believed that states and cities should pay for the roads and canals.
The Louisiana Purchase came as a surprise that neither Thomas Jefferson nor anyone else had ever dreamed of. It began with Thomas Jefferson sending two men, James Monroe and Robert R. Livingston, to Paris to negotiate the acquisition of New Orleans with the government of the feared Napoleon Bonaparte. Napoleon had roused fears once France acquired Louisiana from the Spanish. Concerned with French intentions, Thomas Jefferson took immediate action and sent his two men to negotiate. The negotiation didn’t go as intended at all. We asked to buy New Orleans, but Napoleon offered the entire Louisiana Territory. Apparently, Napoleon had little use for Louisiana. He also couldn’t spare any troops to defend the enormous amount of territory. Napoleon needed funds more than anything, so he could support his military ventures in Europe. This led to the exhilarating time of April, 1803 when Napoleon offered to sell Louisiana to the United States.
...ective." Louisiana History 53.2 (2012): 133-167. America: History and Life with Full Text. 9 Apr. 2014. Web.
Availability of land from The Louisiana Purchase in 1803 contributed to the overexpansion of land speculation and caused inflation of land values. This purchase doubled the U.S. territory with an additional 828,000 square miles. The cost per acre was approximately 40 cents. This whole area later became 15 states. These states were Arkansas, Missouri, Iowa, Oklahoma, Kansas, Nebraska, Minnesota, North Dakota, South Dakota, New Mexico, Texas, Montana, Wyoming, Colorado, and Louisiana. As a
This book helped me with finding information about the Louisiana Purchase. It also helped me with all people and things involved in the Louisiana Purchase.
There wasn’t much issue surrounding the purchase of the Louisiana Territory. A war wasn’t even required to acquire the land as document 5 explains. The major problem was that the Federalist Party argued that the Louisiana Purchase was a worthless dessert, and the constitution did not provide for the acquisition of new land or negotiating treaties without the consent of the Senate (Document 5).
"The Colonial Period: South Carolina Slave Code." Gale Encyclopedia of American Law. Ed. Donna Batten. 3rd ed. Vol. 13. Detroit: Gale, 2011. 52-55. Gale Virtual Reference Library. Web. 30 Apr. 2014.
The two documents contain very general similarities. They both have a bicameral legislature, which means that they have two chambers or houses. They also both have a Bill of Rights which showcases the rights that the citizens have. Like the U.S. government, the Californian government also has a legislative, executive, and judicial branch where, in short, the legislative branch makes the laws, the executive branch carries out the laws, and the judicial branch interprets the laws, among other things. In order for both governments to run smoothly, California was influenced by the federal system of checks and balances, meaning that no single branch of government can become too powerful. In addition, the state governor has similar duties to the president such as serving as commander in chief of a militia and having the supreme executive power (Cal. Const. art. V, § 1&7). Although, within the similarities, many differences can be noted between the two documents, ranging from minor differences to major differences.
Imagine yourself wrongly convicted of a crime. You spent years in jail awaiting your release date. It finally comes, and when they let you out, they slap handcuffs around your wrists and tell you every single action you do. In a nutshell, that’s how the Black Codes worked. The southerners wanted control over the blacks after the Civil War, and states created their own Black Codes.
Jefferson was the founder of the Democratic-Republic Party and believed in an agrarian society with strong local governments (i.e. a weak central government). He thought that the states should yield most of the power so that the citizens could control what happens to them (i.e. citizens wouldn’t have to follow the potential dictatorship of the central government). Soon enough, Jefferson’s Democratic-Republican policies clashed with the Federalist policies of Alexander Hamilton, who believed in an urban-based society and a strong central government. In addition, Jefferson was a believer in a strict interpretation of the Constitution. When he decided to buy the Louisiana Territory from France, however, he had to compromise his beliefs—the Constitution didn’t have a provision for the purchase of land. Therefore, the first major question that arouse from the purchase of the Louisiana Territory was whether or not the purchase was constitutional.
The Louisiana Purchase was the purchase of the Louisiana Territory by the United States from France in 1803. This purchase encompassed present day Arkansas, Missouri, Iowa, Oklahoma, Kansas, and Nebraska as well as large portions of Texas, New Mexico,
When using CPT codes from the integumentary section it is important to know that they are used for any procedure performed on the integumentary system or hair, nails, sudoriferous and sebaceous glands, and mammary glands. When trying to figure out which section to find a code for a procedure within the integumentary and musculoskeletal system, you need to figure out how deep the physician or surgeon had to cut into the patient. If the procedure you are coding for goes beyond the integumentary system, such as areas involving the deep fascia, muscle, tendons, nerves, blood vessels, or other structures you should refer to the musculoskeletal system. One common procedure is an incision and drainage of an abscess. The CPT code is 10080 and the
When Thomas Jefferson purchased Louisiana from the French in 1803, his decision to stretch the power of the government to gain land for the country received mostly positive reviews. However, one of the largest consequences of the Louisiana Purchase was the emergence of racism.
What makes an instance of conflict historically significant is its result. A conflict is a disagreement or controversy between two or more people usually ending in a fight or battle, and a significant historical event means that a theme is developed in history due to what takes place. If the conflict causes a meaningful change over an extended amount of time, then the particular instance contains a historical significance. As it relates to the history of Louisiana, important conflicts consist of serious disagreements or battles that led to the many changes taken place throughout the state’s history. The three conflicts I selected are Bienville’s desire to name New Orleans’ location, the transfer of the Louisiana colony to Spain, and the controversy
All three states have similarities and differences throughout with each constitution. To name a few similarities that were brought up to my attention was first the imprisonment for debt, the religious freedom and the habeas corpus. It isn’t fair for anyone to go jail for debt, because worsen the capability of paying their debts. How do you expect someone in jail to pay their debt when they do not have a financial income while being locked away? Imprisonment a debtor hurt the economy and tax payers. Freedom of religious is my most favorite because I am a religious person; however I don’t judge someone who isn’t religious. That is a choice made by the individual and it should never be force into a religion by any means. Habeas corpus goes in