Chapter 12, 13, &14

Louisiana State Government

Foundations for Louisiana State Government1812 Louisiana

becomes a state & forms it’s own

constitution

Basis of Louisiana Constitution:

1.Napoleonic Code= codes of written laws based on French Law

2. French Civil Law= laws based on legal code rather than court decisions

State Executive Branch: Governor(Bobby Jindal/ Republican)

• Qualifications:– American citizen– 30 years old– Resident of state for 5 years

• State voters elect governor directly by a majority vote.

• 2 consecutive, 4 year term limit– can be impeached or replaced by a

recall election• Has the same role as the president,

but can only preside over the state

State Executive Branch: Lieutenant Governor (Jay Dardenne )

• Elected every 4 years, unlimited terms

• runs on separate ticket than the governor

• 2nd in command• In charge of public relations

– tourism, recreation, & culture

State Executive Branch: Executive Departments (Cabinet)

• Advise governor on area of responsibility

– Appointed by governor

• Departments:

– Departments of Agriculture

– Departments of Labor

– Departments of/ Board of Health

– Departments of Public Works & Highways

– State Welfare Board

State Executive Branch: Executive Departments (Cabinet)

Secretary of State ( Tom Schedler)

• Elected every 4 years, unlimited terms

• Maintains state records, official documents, & state seal

• Maintains state & federal elections

State Executive Branch:Executive Departments (Cabinet)

Secretary of Treasury John Kennedy

• Elected every 4 years, unlimited terms

• Maintains state spending & receiving of state funds & federal revenue

• Assistant is Auditor Steve Theriot

State Executive Branch: Executive Departments (Cabinet)

Attorney General ( Buddy Caldwell)

• Elected every 4 years, unlimited terms

• States lawyer

• Fights cases/ lawsuits & brings lawsuits on behalf of the state

• Head of Department of Justice

State Legislative Branch: Legislators/ Congress

• Qualifications:– American citizen for 1 year– Live in district & state represent for 1 year– Age: 25

• Terms: – 4 year terms– 3 term limits

• Follow the same process to turn a bill into a law, but allows– line-item vetos = governor can veto a certain area of a

bill – veto sessions= after regular session to revise vetoed

bills

State LawsMarriage

age 18 & marry within 73 hours of gaining

document Divorce• must separate 180 days •before filing & alimony

•can be no more than •1/3 of income

Community Property= equal division of property obtained during marriage

Civil Services= protects public employees for actions

based on political opinion & affiliation

State Judicial Branch• Types of Courts:

– Justice Courts = which is lead by the justice of the peace & handles misdemeanors (marriage/ divorce/ disturbing the peace)

– Magistrate Courts/ Municipal Courts =which handle minor cases, traffic violations, & lawsuits less than $1,000.00

– District Courts= handle felony cases through trial set-ups with juries & judges

• St.Tammany Parish Court House in Covington• Judges elected every 4 years, unlimited terms

– Appellate Court = review & decide on previous cases by a panel of judges• New Orleans District Courthouse • 3-5 judges elected every 4 years, unlimited terms

– State Supreme Court= review appeals court decisions, supervises all state courts, & interprets state constitutions by a panel of judges

• Baton Rouge & New Orleans Supreme Court• 10 justices elected every 10 years, unlimited term limits

Type of Cases: Civil Law• Courts provide a place to resolve

differences between 2 people/ groups• Civil Court Types:

– Small Claims Court– Large Claim Courts

• Outcomes– Drop case, settle (most common)/

mediation, trials or arbitration = someone decides for them & decision is final.

Civil Cases• Lawsuits:

– Property disputes

– Breach of contract

– Negligence

– Family matters (divorce)

– personal injury– Suits of Equity

• Judge usually has an injunction when agreeing with plaintiffs, to prevent damage

Type of Cases: Criminal Law

• All crimes follow the penal code• Criminal Groups:

– Felonies• Prison 1 year & more to death• Classify who/ what was harmed when

crime was committed.– Misdemeanors

• Fine/ 1 year or less in prison• Outcome: Trials or Plea Bargain (most

Common)

Types of Cases: Juvenile Courts

• Cases:

– Neglect Cases• Power to place kids with

foster families, where they will be protected & cared for. (Wards of the State)

– Delinquency Cases

• Juvenile courts handle offenses that are considered illegal for juveniles & not for adults.

– Running away, skipping schools, & violating curfew.

Rules for Juvenile Arrest

– Parents must be notified, when child arrested.

– Child & parent must be notified in writing of all charges.

– Child has right to remain silent & have an attorney.

– Child has the right to confront witness against them.

Juvenile Courts Rules for Trials– Only parties involved can attend

– no juries only judge.

– keep kid identity

– kid records are not publicized & sealed when kid is 18

– photos & fingerprints are not taken.

Juvenile Courts forms of Punishments

– Send home with lecture – send to training school– Send to prison– Send to teen shelters– Send to treatment centers for addiction– Send to hospitals for mental/ emotional

problems– Probations

• kid must attend school & obey parents

• If do, charges dropped