2015 1

Introduction to the Legal Introduction to the Legal SystemSystem

The Relationship of Education and the The Relationship of Education and the LawLaw

2015 2

Why Do You Need to Why Do You Need to Learn School Law?Learn School Law?

2015 3

Public School Principals’ Responsibilities Public School Principals’ Responsibilities Established by Louisiana LawEstablished by Louisiana Law

Each public school principal shall:Each public school principal shall: serve as the administrative officer of the school to serve as the administrative officer of the school to

which he is assigned under the overall direction of which he is assigned under the overall direction of the parish or city superintendent of schools.the parish or city superintendent of schools.

Each public school principal shall have Each public school principal shall have administrative responsibility for:administrative responsibility for: the direction and supervision of the personnel and the direction and supervision of the personnel and

activities; and activities; and the administration of the affairs of that schoolthe administration of the affairs of that school

consistent with the requirements of law and the consistent with the requirements of law and the rules and regulations of the State Board of rules and regulations of the State Board of Elementary and Secondary Education and the parish Elementary and Secondary Education and the parish or city school board that employs him. or city school board that employs him. LSA-R.S. LSA-R.S. 17:414.1 Before 201217:414.1 Before 2012

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Public elementary and secondary school Public elementary and secondary school principals; dutiesprincipals; duties

The principal for each public elementary and The principal for each public elementary and secondary school shall be appointed by and serve secondary school shall be appointed by and serve under the direction of the local superintendent of under the direction of the local superintendent of schools as the administrative officer of the school schools as the administrative officer of the school to which he is assigned.  Consistent with the to which he is assigned.  Consistent with the requirements of law and the rules and regulations requirements of law and the rules and regulations of the State Board of Elementary and Secondary of the State Board of Elementary and Secondary Education and the local public school board by Education and the local public school board by which he is employed, he shall have administrative which he is employed, he shall have administrative responsibility for the direction and supervision of responsibility for the direction and supervision of the personnel and activities and the administration the personnel and activities and the administration of the affairs of that school. eff. July 1, 2012of the affairs of that school. eff. July 1, 2012

LSA-R.S. 17:414.1LSA-R.S. 17:414.1

2015 5

Legal Foundation of Public School LawLegal Foundation of Public School Law

The primary legal foundation for public The primary legal foundation for public school law is based on:school law is based on: ConstitutionsConstitutions StatutesStatutes RegulationsRegulations Case lawCase law

The constitutions, statutes, regulations The constitutions, statutes, regulations and case law may be either state or and case law may be either state or federal.federal.

2015 6

ConstitutionsConstitutions

2015 7

What is a Constitution?What is a Constitution?

A constitution is a body of precepts A constitution is a body of precepts that provides a framework of law for that provides a framework of law for the orderly operation of the orderly operation of governmental processes.governmental processes.

In addition to the Constitution of the In addition to the Constitution of the United States, each state has a United States, each state has a constitution.constitution.

http://constitutionus.com/http://constitutionus.com/

2015 8

What Do Constitutions Provide For?What Do Constitutions Provide For?

Federal and state constitutions:Federal and state constitutions: contain provisions for securing fundamental liberty, contain provisions for securing fundamental liberty,

property, and political rights; andproperty, and political rights; and reflect the importance of separation of powers in reflect the importance of separation of powers in

governmentgovernment All state constitutions provide for a system of All state constitutions provide for a system of

free public schoolsfree public schools Effective for the 2005-2006 school year, the provisions Effective for the 2005-2006 school year, the provisions

of Subsection A of this Section relative to the required of Subsection A of this Section relative to the required operation of a minimum school session of not less than operation of a minimum school session of not less than one hundred eighty days shall not be applicable. one hundred eighty days shall not be applicable.  However, the State Board of Elementary and Secondary  However, the State Board of Elementary and Secondary Education may adopt rules effective for the 2005-2006 Education may adopt rules effective for the 2005-2006 school year relative to the minimum session required of school year relative to the minimum session required of any institution in order to be classified as a schoolany institution in order to be classified as a school

2015 9

The Louisiana The Louisiana ConstitutionConstitution

Article VIII. EducationArticle VIII. Education

http://senate.legis.state.la.us/http://senate.legis.state.la.us/documents/constitution/documents/constitution/

constitution.pdfconstitution.pdf

2015 10

Goal of the Public Goal of the Public Education SystemEducation System

Louisiana Constitution Article VIII PreambleLouisiana Constitution Article VIII Preamble

The goal of the public educational system is to The goal of the public educational system is to provide learning environments and experiences provide learning environments and experiences at all stages of human development, that are:at all stages of human development, that are:

humane, humane, just, and just, and designed to promote excellence in order that designed to promote excellence in order that

every individual may be afforded an equal every individual may be afforded an equal opportunity to develop to his full potential.opportunity to develop to his full potential.

2015 11

Establishment of a Public Establishment of a Public Education SystemEducation System

Louisiana Constitution Article VIII, §1, Louisiana Constitution Article VIII, §1, Public Education SystemPublic Education System Section 1. The legislature:Section 1. The legislature:

shall provide for the education of the shall provide for the education of the people of the state; and people of the state; and

shall establish and maintain a public shall establish and maintain a public educational system.educational system.

2015 12

State Superintendent of EducationState Superintendent of Education

Louisiana Constitution Article VIII, Louisiana Constitution Article VIII, §2, State §2, State Superintendent of EducationSuperintendent of Education There shall be a superintendent of education for There shall be a superintendent of education for

public elementary and secondary education public elementary and secondary education who, subject to the provisions for appointment in who, subject to the provisions for appointment in lieu of election set forth in Article IV, section 20 lieu of election set forth in Article IV, section 20 of this constitution, shall be elected for a term of of this constitution, shall be elected for a term of four years.four years.

If the office is made appointive, the State Board If the office is made appointive, the State Board of Elementary and Secondary Education shall of Elementary and Secondary Education shall make the appointment.make the appointment.

2015 13

State Superintendent of EducationState Superintendent of Education

Louisiana Constitution Article VIII, §2, State Louisiana Constitution Article VIII, §2, State Superintendent of EducationSuperintendent of Education He shall be the administrative head of the He shall be the administrative head of the

Department of Education and shall implement:Department of Education and shall implement: the policies of the State Board of Elementary and the policies of the State Board of Elementary and

Secondary Education; and Secondary Education; and the laws affecting schools under its jurisdiction.the laws affecting schools under its jurisdiction.

The qualifications and other powers, functions, The qualifications and other powers, functions, duties and responsibilities of the superintendent duties and responsibilities of the superintendent shall be provided by law.shall be provided by law.

Who is the current State Superintendent of Who is the current State Superintendent of Education?Education?

2015 14

State Board of Elementary State Board of Elementary and Secondary Educationand Secondary Education

Louisiana Constitution, Article VIII, Louisiana Constitution, Article VIII, §3 State Board §3 State Board of Elementary & Secondary Educationof Elementary & Secondary Education Creation; Functions. The State Board of Creation; Functions. The State Board of

Elementary and Secondary Education is created Elementary and Secondary Education is created as a body corporate. It shall:as a body corporate. It shall:

supervise and control the public elementary supervise and control the public elementary and secondary schools and special schools and secondary schools and special schools under its jurisdiction; andunder its jurisdiction; and

shall have budgetary responsibility for all shall have budgetary responsibility for all funds appropriated or allocated by the state funds appropriated or allocated by the state for those schools, all as provided by law.for those schools, all as provided by law.

2015 15

State Board of Elementary and State Board of Elementary and Secondary EducationSecondary Education

Louisiana Constitution, Article VIII, §3, State Board Louisiana Constitution, Article VIII, §3, State Board of Elementary & Secondary Educationof Elementary & Secondary Education The board shall have other powers, duties, and The board shall have other powers, duties, and

responsibilities as provided by this constitution responsibilities as provided by this constitution or by law, but shall have no control over the or by law, but shall have no control over the business affairs of a parish or city school board business affairs of a parish or city school board or the selection or removal of its officers and or the selection or removal of its officers and employees.employees.

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A Life’s Lesson:A Life’s Lesson: A crow was sitting on a tree, doing nothing A crow was sitting on a tree, doing nothing

all day.all day.

A small rabbit saw the crow, and asked A small rabbit saw the crow, and asked him, "Can I also sit like you and do nothing him, "Can I also sit like you and do nothing all day long?"all day long?"

The crow answered: "Sure, why not." So, The crow answered: "Sure, why not." So, the rabbit sat on the ground below the the rabbit sat on the ground below the crow, and rested. crow, and rested.

All of a sudden, a fox appeared, jumped on All of a sudden, a fox appeared, jumped on the rabbit and ate it. the rabbit and ate it.

Moral of the story is:Moral of the story is:

To be sitting and doing nothing, you To be sitting and doing nothing, you must be sitting very, very high upmust be sitting very, very high up..

Supervising Private SchoolsSupervising Private Schools

Can a state outlaw private schools Can a state outlaw private schools and require all children to attend and require all children to attend public schools?public schools?

Can a private school declare that Can a private school declare that since it is a private entity it is not since it is a private entity it is not subject to state regulation?subject to state regulation?

Both issues were decided in Pierce v. Both issues were decided in Pierce v. Society of Sisters 268 U. S. 510 Society of Sisters 268 U. S. 510 (1925)(1925)

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2015 18

Approval of Private SchoolsApproval of Private Schools

Louisiana Constitution Article VIII, §4, Approval of Louisiana Constitution Article VIII, §4, Approval of Private SchoolsPrivate Schools Section 4. Upon application by a private Section 4. Upon application by a private

elementary, secondary, or proprietary school elementary, secondary, or proprietary school with a sustained curriculum or specialized with a sustained curriculum or specialized course of study of a quality at least equal to course of study of a quality at least equal to that prescribed for similar public schools, the that prescribed for similar public schools, the State Board of Elementary and Secondary State Board of Elementary and Secondary Schools shall approve the private school.Schools shall approve the private school.

A certificate issued by an approved private A certificate issued by an approved private school shall carry the same privileges as one school shall carry the same privileges as one issued by a state public school.issued by a state public school.

2015 19

StatutesStatutes

There are both Federal and There are both Federal and State statutes in the United State statutes in the United States.States.

2015 20

Definition of StatuteDefinition of Statute

A statute may be variously defined A statute may be variously defined as:as: a legislative act that declares, a legislative act that declares,

commands, or prohibits something;commands, or prohibits something; a particular law enacted and established a particular law enacted and established

by the will of a government’s legislative by the will of a government’s legislative branch; orbranch; or

a law enacted by the legislative branch a law enacted by the legislative branch of a government.of a government.

2015 21

Louisiana Revised Louisiana Revised StatutesStatutes

Title 17. EducationTitle 17. Education

2015 22

What is a School?What is a School?

A school is defined as an institution for A school is defined as an institution for the teaching of children consisting of:the teaching of children consisting of: an adequate physical plant, whether an adequate physical plant, whether

owned or leased;owned or leased; instructional staff members; andinstructional staff members; and students.students.

LSA-R.S. 17:236LSA-R.S. 17:236

www.legis.la.gov/Legis/Law.aspx?d=80345

2015 23

Teacher RequirementsTeacher Requirements

School instructional staff in public day school School instructional staff in public day school or nonpublic schools receiving local, state, or or nonpublic schools receiving local, state, or federal funds or support directly or indirectly federal funds or support directly or indirectly must be certified according to SBESE rules.must be certified according to SBESE rules.

School instructional staff in nonpublic schools School instructional staff in nonpublic schools that don’t receive local, state, or federal funds that don’t receive local, state, or federal funds or support directly or indirectly must meet the or support directly or indirectly must meet the requirements prescribed by that school or requirements prescribed by that school or church.church.

LSA-R.S. 17:236LSA-R.S. 17:236

2015 24

Home Study ProgramsHome Study Programs

A home study program approved by the A home study program approved by the SBESE is considered a nonpublic day SBESE is considered a nonpublic day school for the purposes of compulsory school for the purposes of compulsory attendance.attendance.

LSA-R.S. 17:236LSA-R.S. 17:236

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Length of School YearLength of School Year To be classified as a school, the institution must To be classified as a school, the institution must

operate a minimum session of not less than 180 operate a minimum session of not less than 180 days.days.

Note a Nov., 2005 amendment to the lawNote a Nov., 2005 amendment to the law B.  Effective for the 2005-2006 school year, the B.  Effective for the 2005-2006 school year, the

provisions of Subsection A of this Section relative provisions of Subsection A of this Section relative to the required operation of a minimum school to the required operation of a minimum school session of not less than one hundred eighty days session of not less than one hundred eighty days shall not be applicable.  However, the State shall not be applicable.  However, the State Board of Elementary and Secondary Education Board of Elementary and Secondary Education may adopt rules effective for the 2005-2006 may adopt rules effective for the 2005-2006 school year relative to the minimum session school year relative to the minimum session required of any institution in order to be required of any institution in order to be classified as a school.classified as a school.

LSA-R.S. 17:236LSA-R.S. 17:236

2015 26

What are Regulations?What are Regulations?

The power to issue regulations is often The power to issue regulations is often delegated to a governmental agency or board delegated to a governmental agency or board by legislation.by legislation.

Regulations:Regulations: are rules or orders issued by a governmental are rules or orders issued by a governmental

agency or board;agency or board; must be made in accordance with prescribed must be made in accordance with prescribed

procedures, such as those in the federal or procedures, such as those in the federal or state Administrative Procedures Act; andstate Administrative Procedures Act; and

generally have the force and effect of law.generally have the force and effect of law.

2015 27

What is a Case?What is a Case?

The term “case” means a judicial The term “case” means a judicial proceeding to determine the outcome of a proceeding to determine the outcome of a controversy between parties to:controversy between parties to: enforce or protect rights; or enforce or protect rights; or to prevent or address wrongs.to prevent or address wrongs.

2015 28

What is Case Law?What is Case Law?

One of the responsibilities of the judiciary One of the responsibilities of the judiciary branch is to interpret the laws and regulations branch is to interpret the laws and regulations passed by governmental bodies.passed by governmental bodies.

The term case law variously refers to:The term case law variously refers to: judge-made law;judge-made law; law established by judicial decisions in cases as law established by judicial decisions in cases as

distinguished from law that is created by legislation;distinguished from law that is created by legislation; the aggregate of reported cases that form a body of the aggregate of reported cases that form a body of

jurisprudence; orjurisprudence; or the law of a particular subject as evidenced or the law of a particular subject as evidenced or

formed by adjudged cases.formed by adjudged cases.

2015 29

The Federal Court The Federal Court SystemSystem

2015 30

The Federal Court SystemThe Federal Court System

For the purposes of this class, the Federal For the purposes of this class, the Federal Court System consists of:Court System consists of: The United States Supreme CourtThe United States Supreme Court United States Courts of AppealUnited States Courts of Appeal United States District CourtsUnited States District Courts

There are other federal courts with There are other federal courts with specialized jurisdiction, however, class specialized jurisdiction, however, class material will not cover decisions from material will not cover decisions from those courts.those courts.

2015 31

The Federal Court SystemThe Federal Court System

U.S. Supreme Court

Court of ClaimsU.S. Circuit

Courts of AppeallCourt of Customs &

Patent Appeals

US Tax Court & Administrative Agencies

U.S. District Courts with Federal Jurisdiction Only

U.S. District Courtswith Federal &

Local JurisdictionCustoms Court

Appeals from State Courts

2015 32

United States District CourtsUnited States District Courts The U.S. District Courts are the federal court The U.S. District Courts are the federal court

system’s trial courts.system’s trial courts. There are 94 U.S. District Courts.There are 94 U.S. District Courts. In Louisiana, there are 3 U.S. District Courts:In Louisiana, there are 3 U.S. District Courts:

the U.S. District Court for the Eastern District of the U.S. District Court for the Eastern District of LouisianaLouisiana

the U.S. District Court for the Middle District of the U.S. District Court for the Middle District of Louisiana; andLouisiana; and

the U.S. District Court for the Western District the U.S. District Court for the Western District of Louisiana.of Louisiana.

2015 33

United States District United States District Court JurisdictionCourt Jurisdiction

In general, the United States District In general, the United States District Courts have jurisdiction to hear nearly all Courts have jurisdiction to hear nearly all categories of federal cases, including:categories of federal cases, including: civil matters; andcivil matters; and criminal matters.criminal matters.

2015 34

Ways to Identify United States Ways to Identify United States District Court OpinionsDistrict Court Opinions

Jones v. Smith, 253 F. Supp. 103 Jones v. Smith, 253 F. Supp. 103 (USDC E.D. La. 1983).(USDC E.D. La. 1983).

In 1998 the Federal Supplement In 1998 the Federal Supplement reached 999 volumes. Since then reached 999 volumes. Since then cases are “F. Supp. 2d”.cases are “F. Supp. 2d”.

2015 35

2015 36

United States Courts of AppealUnited States Courts of Appeal

There is a United States Court of Appeal in each There is a United States Court of Appeal in each of the 11 regional circuits.of the 11 regional circuits.

In Louisiana, the federal appeals court is the In Louisiana, the federal appeals court is the United States Fifth Circuit Court of Appeals.United States Fifth Circuit Court of Appeals.

In general, a U.S. Court of Appeals hears:In general, a U.S. Court of Appeals hears: appeals from District Courts located in its appeals from District Courts located in its

circuit; andcircuit; and appeals from federal administrative agency appeals from federal administrative agency

decisions. decisions. The Fifth Circuit was split into the 5The Fifth Circuit was split into the 5thth and 11 and 11thth

Circuits inn 1981Circuits inn 1981

2015 37

Ways to Identify a United States Ways to Identify a United States Court of Appeals DecisionCourt of Appeals Decision

Jackson v. Franklin County School Jackson v. Franklin County School Board, 765 F.2d 535 (5Board, 765 F.2d 535 (5thth Cir. 1985). Cir. 1985).

2015 38

United States Supreme CourtUnited States Supreme Court

Consists of the United States Chief Justice Consists of the United States Chief Justice and 8 associate justices, all appointed by the and 8 associate justices, all appointed by the President with the President with the Advise and Consent Advise and Consent of the of the U. S. Senate.U. S. Senate.

Hears a limited number of the cases it is Hears a limited number of the cases it is asked to decide each year.asked to decide each year.

The cases heard by the United States The cases heard by the United States Supreme Court:Supreme Court: may begin in federal or state courts; andmay begin in federal or state courts; and usually involve important cases about the usually involve important cases about the

Constitution or federal law.Constitution or federal law.

2015 39

Ways to Identify United States Ways to Identify United States Supreme Court DecisionsSupreme Court Decisions

Hadley v. Junior College District, 397 U.S. Hadley v. Junior College District, 397 U.S. 50 (1970).50 (1970).

Hadley v. Junior College District, 90 S.Ct. Hadley v. Junior College District, 90 S.Ct. 791 (1970).791 (1970).

2015 40

Louisiana State CourtsLouisiana State Courts

2015 41

What Does the Louisiana State What Does the Louisiana State Court System Consist of?Court System Consist of?

The Louisiana Supreme CourtThe Louisiana Supreme Court 5 Courts of Appeal5 Courts of Appeal 42 District Courts42 District Courts 5 Family or Juvenile Courts5 Family or Juvenile Courts 50 City Courts50 City Courts 3 Parish Courts3 Parish Courts For purposes of this class, only decisions of the For purposes of this class, only decisions of the

Louisiana Supreme Court and the Louisiana Louisiana Supreme Court and the Louisiana Courts of Appeal will be used.Courts of Appeal will be used.

2015 42

State CourtsState Courts

Louisiana Supreme Court

Louisiana Circuit Courts of Appeal

Louisiana District Courts

2015 43

What is Jurisdiction?What is Jurisdiction?

Jurisdiction is the legal term given to Jurisdiction is the legal term given to the power and authority of a court to the power and authority of a court to hear and decide certain judicial hear and decide certain judicial cases.cases.

There was recently a jurisdictional There was recently a jurisdictional question in federal court regarding question in federal court regarding the next Chief Justice of the the next Chief Justice of the Louisiana Supreme Court!!!Louisiana Supreme Court!!!

2015 44

Louisiana District CourtsLouisiana District Courts

There are 42 Louisiana District There are 42 Louisiana District Courts.Courts.

Louisiana District Courts are the trial Louisiana District Courts are the trial courts with general jurisdiction.courts with general jurisdiction.

A district court has authority to A district court has authority to handle all:handle all: Civil cases; andCivil cases; and Criminal cases.Criminal cases.

2015 45

What is the Difference Between What is the Difference Between a Civil and a Criminal Case?a Civil and a Criminal Case?

Civil CasesCivil Cases involve actions to enforce, correct or protect involve actions to enforce, correct or protect

private rights; andprivate rights; and include all types of actions other than criminal include all types of actions other than criminal

proceedings.proceedings. Criminal CasesCriminal Cases

The purpose of criminal proceedings is to The purpose of criminal proceedings is to punish a person who violates criminal laws.punish a person who violates criminal laws.

Such cases involve proceedings where a Such cases involve proceedings where a person is charged with a crime, brought to person is charged with a crime, brought to trial, and found guilty or not guilty.trial, and found guilty or not guilty.

2015 46

What Do Louisiana Juvenile What Do Louisiana Juvenile and Family Courts Do?and Family Courts Do?

Juvenile CourtsJuvenile Courts have exclusive jurisdiction over delinquency cases have exclusive jurisdiction over delinquency cases

involving persons under 17 years of age;involving persons under 17 years of age; Exception: 15 or 16 year old minors may be Exception: 15 or 16 year old minors may be

bound over to the district court for some felony bound over to the district court for some felony offenses.offenses.

handle all adoption proceedings of children under handle all adoption proceedings of children under 17 years old.17 years old.

Family CourtsFamily Courts handle all family matters ranging from delinquency handle all family matters ranging from delinquency

proceedings to divorce and child custody proceedings to divorce and child custody proceedings.proceedings.

2015 47

Louisiana Courts of AppealLouisiana Courts of Appeal

The 5 Louisiana Courts of Appeal The 5 Louisiana Courts of Appeal guarantee the right to have almost any guarantee the right to have almost any trial court decision reviewed by a higher trial court decision reviewed by a higher court.court.

The jurisdiction of the Courts of Appeal The jurisdiction of the Courts of Appeal extends to almost all civil and criminal extends to almost all civil and criminal cases, except for a few cases that may be cases, except for a few cases that may be appealed directly to the Louisiana appealed directly to the Louisiana Supreme Court.Supreme Court.

2015 48

Ways to Identify Decisions from a Ways to Identify Decisions from a Louisiana Court of AppealsLouisiana Court of Appeals

Livingston Parish School Board v. Lofton, Livingston Parish School Board v. Lofton, 422 So.2d 1357 (La. App. 1422 So.2d 1357 (La. App. 1stst Cir. 1982). Cir. 1982).

2015 49

Louisiana Supreme CourtLouisiana Supreme Court

The Louisiana Supreme CourtThe Louisiana Supreme Court Consists of 7 justices elected from single Consists of 7 justices elected from single

member districts throughout Louisianamember districts throughout Louisiana Justices serve 10 year terms of office.Justices serve 10 year terms of office.

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2015 51

 Catherine D. Kimball  Chief Justice  Fifth District

 Greg G. Guidry Associate Justice

 First District

 Jeffrey P. Victory Associate Justice

 Second District

 Jeannette Theriot Knoll Associate Justice

 Third District

 Marcus R. Clark Associate Justice

 Fourth District

 John L. Weimer Associate Justice

 Sixth District

 Bernette J. Johnson Associate Justice

 Seventh District

 Bernette J. Johnson  Chief Justice  Seventh District Greg G. Guidry  Associate Justice  First DistrictScott J. Crichton  Associate Justice  Second District Jeannette Theriot Knoll  Associate Justice  Third District Marcus R. Clark  Associate Justice  Fourth District Jefferson D. Hughes, III  Associate Justice  Fifth District John L. Weimer  Associate Justice  Sixth District

2015 52

Louisiana Supreme Court JurisdictionLouisiana Supreme Court Jurisdiction

The jurisdiction of the Louisiana The jurisdiction of the Louisiana Supreme Court includes:Supreme Court includes: Exclusive jurisdiction in cases involving Exclusive jurisdiction in cases involving

disciplinary actions against lawyers and disciplinary actions against lawyers and judges.judges.

2015 53

Louisiana Supreme Court JurisdictionLouisiana Supreme Court Jurisdiction

The jurisdiction of the Louisiana Supreme The jurisdiction of the Louisiana Supreme Court includes:Court includes: Appellate jurisdiction in cases:Appellate jurisdiction in cases:

where a law or ordinance is declared where a law or ordinance is declared unconstitutional; andunconstitutional; and

capital cases where the death penalty has capital cases where the death penalty has been imposed.been imposed.

Such cases originate at the trial court Such cases originate at the trial court level, but bypass court of appeal review level, but bypass court of appeal review to be heard directly by the Supreme to be heard directly by the Supreme Court.Court.

2015 54

Louisiana Supreme Louisiana Supreme Court JurisdictionCourt Jurisdiction

The jurisdiction of the Louisiana Supreme Court The jurisdiction of the Louisiana Supreme Court includes supervisory jurisdiction over all Louisiana includes supervisory jurisdiction over all Louisiana Courts.Courts. Cases heard by a lower court may be heard if Cases heard by a lower court may be heard if

the person asking for review of the lower court the person asking for review of the lower court decision convinces the Supreme Court that an decision convinces the Supreme Court that an error occurred in the opinion, judgment, or error occurred in the opinion, judgment, or ruling of the lower court.ruling of the lower court.

A person seeking this type of review applies for A person seeking this type of review applies for writs to the Supreme Court.writs to the Supreme Court.

The Supreme Court does not automatically The Supreme Court does not automatically hear these cases.hear these cases.

2015 55

When the Louisiana Supreme When the Louisiana Supreme Court Grants WritsCourt Grants Writs

When the Supreme Court decides to grant an application When the Supreme Court decides to grant an application for writs, one of the following reasons are usually present. for writs, one of the following reasons are usually present. The lower court decision:The lower court decision: conflicts with the decision of another court of appeal, the conflicts with the decision of another court of appeal, the

La. Supreme Court, or the U.S. Supreme Court; orLa. Supreme Court, or the U.S. Supreme Court; or involves a significant unresolved legal issue that should involves a significant unresolved legal issue that should

be decided by the La. Supreme Court; orbe decided by the La. Supreme Court; or is based on a prior La. Supreme Court ruling that should is based on a prior La. Supreme Court ruling that should

be overruled or substantially modified; orbe overruled or substantially modified; or erroneously interprets or applies the U.S. or La. erroneously interprets or applies the U.S. or La.

Constitution, or a state or federal law, and will cause Constitution, or a state or federal law, and will cause material injustice or significantly affect the public material injustice or significantly affect the public interest; orinterest; or

departs so far from proper judicial proceedings or so departs so far from proper judicial proceedings or so abuses the court’s powers that the La. Supreme Court abuses the court’s powers that the La. Supreme Court should exercise its supervisory authority.should exercise its supervisory authority.

2015 56

Ways to Identify a Louisiana Supreme Court CaseWays to Identify a Louisiana Supreme Court Case

State v. Priest, 27 So.2d 173 (La. 1946).State v. Priest, 27 So.2d 173 (La. 1946). State v. Priest, 210 La. 389 (1946).State v. Priest, 210 La. 389 (1946). State v. Priest, 1946 La. LEXIS 799 (La. State v. Priest, 1946 La. LEXIS 799 (La.

1946).1946).