Portal:Law

The Law Portal Lady Justice, often used as a personification of the law, holding a sword in one hand and scales in the other. Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Historically, religious law has influenced secular matters and is, as of the 21st century, still in use in some religious communities. Sharia law based on Islamic principles is used as the primary legal system in several countries, including Iran and Saudi Arabia. The scope of law can be divided into two domains: public law concerns government and society, including constitutional law, administrative law, and criminal law; while private law deals with legal disputes between parties in areas such as contracts, property, torts, delicts and commercial law. This distinction is stronger in civil law countries, particularly those with a separate system of administrative courts; by contrast, the public-private law divide is less pronounced in common law jurisdictions. (Full article...) Selected article Jury nullification is a jury's refusal to render a verdict according to the law, as instructed by the court, regardless of the weight of evidence presented. Instead, a jury bases its verdict on other grounds. Historically, examples include the unjustness of the law, injustice of its application, the race of a party, or the jury’s own common sense; jury nullification can only be used to acquit and not to convict. Jury nullification is a de facto power of the jury, and is not ordinarily described as a right. The power of jury nullification derives from an inherent quality of most modern common law systems—a general unwillingness to inquire into jurors' motivations during or after deliberations. A jury's ability to nullify the law is further supported by two common law precedents: the prohibition on punishing jury members for their verdict, and the prohibition on retrying criminal defendants after an acquittal (see related topic Double jeopardy). Read more... Selected biography Lloyd Kenyon, 1st Baron Kenyon, PC (5 October 1732 – 4 April 1802), was a British politician and barrister, who served as Attorney General, Master of the Rolls and Lord Chief Justice. Born to a country gentleman, he was initially educated in Hanmer before moving to Ruthin School aged 12. Rather than going to university he instead worked as a clerk to an attorney, joining the Middle Temple in 1750 and being called to the Bar in 1756. Initially almost unemployed due to the lack of education and contacts which a university education would have provided, his business increased thanks to his friendships with John Dunning, who, overwhelmed with cases, allowed Kenyon to work many, and Lord Thurlow who secured for him the Chief Justiceship of Chester in 1780. He was returned as the Member of Parliament (MP) for Hindon the same year, serving repeatedly as Attorney General under William Pitt the Younger. He effectively sacrificed his political career in 1784 to challenge the ballot of Charles James Fox, and was rewarded with a baronetcy; from then on he did not speak in the House of Commons, despite remaining an MP. On 27 March 1784, he was appointed Master of the Rolls, a job to which he dedicated himself once he ceased to act as an MP. He had previously practised in the Court of Chancery, and although unfamiliar with Roman law was highly efficient; Lord Eldon said "I am mistaken if, after I am gone, the Chancery Records do not prove that if I have decided more than any of my predecessors in the same period of time, Sir Lloyd Kenyon beat us all". On 9 June 1788, Kenyon succeeded Lord Mansfield as Lord Chief Justice, and was granted a barony. Although not rated as highly as his predecessor, his work "restored the simplicity and rigor of the common law". He remained Lord Chief Justice until his death in 1802. (Full article...) Selected statute A statute is a formal written enactment of a legislative body, a stage in the process of legislation. Typically, statutes command or prohibit something, or declare policy. Statutes are laws made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, regulations issued by government agencies, and oral or customary law. Statutes may originate with the legislative body of a country, state or province, county, or municipality. (Full article...) The Arbitration Act 1979 (c. 42) was an Act of the Parliament of the United Kingdom that reformed arbitration law in England and Wales. Prior to 1979, arbitration law was based on the Arbitration Act 1950, which allowed use of the "case stated" procedure and other methods of judicial intervention, which marked English arbitration law as significantly different from that of other jurisdictions. The prior law significantly increased the cost and time required for arbitration, which made England an unpopular jurisdiction to conduct such negotiations in. As a result, while London maintained its traditional position as a centre for arbitration in insurance, admiralty and commodities trading, it failed to attract more modern forms of trade. Following pressure from industry groups, the Lord Chancellor introduced the Arbitration Bill into Parliament, having it passed hours before the dissolution of James Callaghan's government. It was given royal assent on 4 April 1979, and commenced working on 1 August 1979. The act completely abolished the "case stated" procedure and other forms of judicial interference, replacing it with a limited system of appeal to the High Court of Justice and Court of Appeal of England and Wales; it also allowed for exclusion agreements limiting the rights of parties to arbitration to appeal to the courts, and gave arbitrators the ability to enforce interlocutory orders. Academics met the Act with a mixed response; while some praised it for bringing English law more into line with that of other nations, others criticised the wording used as unnecessarily complex and hazy. The Act did, in the eyes of some commentators, lead to a shift in judicial policy away from legal certainty and towards a system focused on speed and finality. Having been repealed in its entirety by Section 107(2) of the Arbitration Act 1996, the Act is no longer in force. (Full article...) Did you know... ... that English professor Alice D. Snyder helped lead the campaign that earned New York women the right to vote? ... that per a 2019 Supreme Court ruling, U.S. states are immune from private suits against them in courts of other states without their consent? ... that between 1970 and 1984 the WE Seal of approval program aided in an estimated US$100,000 in restitution being made to collectors of comics and other memorabilia victimized by mail fraud? ... that at oral argument in NIFLA v. Becerra, U.S. Supreme Court Justice Elena Kagan questioned whether a California law was "gerrymandered" in order to discriminate against crisis pregnancy centers? ... that the Constitution of the Kingdom of Poland of 1815, considered among the most liberal constitutions of its time, was increasingly disregarded by the Polish government, leading to the November Uprising of 1830? ... that the red dresses in Métis artist Jaime Black's REDress Project represent the missing and murdered Indigenous women of Canada and the USA? ... that after the death of Olaseni Lewis, who was restrained by 11 police officers, UK law was changed to require police to wear body cameras when dealing with vulnerable people? Selected images King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. Statue of Lady Justice holding scales The first Supreme Court of Puerto Rico The defendants sitting in the dock during the Nuremberg Trials A courtroom in Tokyo, Japan The Langdell Library of Harvard Law School Jeremy Bentham's writings influenced law for generations. The Constitution of India Painting of a jury deliberating Justices of the Supreme Court of the United States as of October 2020 Jawaharlal Nehru at the Allahabad High Court Signing of the Magna Carta Legal systems of the world Selected case Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. (Full article...) Eng Foong Ho v Attorney-General was a 2009 judgment of the Court of Appeal of Singapore, on appeal from a 2008 decision of the High Court. The main issue raised by the case was whether the Collector of Land Revenue had treated the plaintiffs (later appellants), who were devotees of the Jin Long Si Temple, unequally by compulsorily acquiring for public purposes the land on which the temple stood but not the lands of a Hindu mission and a Christian church nearby. It was alleged that the authorities had acted in violation of Article 12(1) of the Constitution of the Republic of Singapore, which guarantees the rights to equality before the law and equal protection of the law. The High Court held that the plaintiffs lacked locus standi to bring the action as they were not the temple's legal owners. In any case, as there was evidence that the authorities had rational reasons for treating the temple property differently from the property of the Mission and the Church, the High Court found that there had been no breach of Article 12(1). Furthermore, the Court determined that the plaintiffs were guilty of inordinate delay in bringing the action. On appeal, this decision was upheld in part by the Court of Appeal. The Court of Appeal found that the plaintiffs (appellants) had locus standi to bring the action as they were members of a Buddhist association, for whose benefit the temple property was held by its trustees. In addition, the Court found that the plaintiffs had not been guilty of inordinate delay in commencing the suit. However, the Court agreed with the trial judge that the Collector had not acted in violation of Article 12(1). In determining this issue, the Court held that the test to be applied is "whether there is a reasonable nexus between the state action taken and the object of the law". Such a nexus will be absent if the action amounts to "intentional and arbitrary discrimination" or intentional systematic discrimination. It is insufficient if any inequality is due to "inadvertence or inefficiency", unless this occurs on a very substantial scale. In addition, inequalities arising from a reasonable administrative policy or which are mere errors of judgment are insufficient to constitute a violation of Article 12(1). (Full article...) More Did you know (auto-generated) ... that Bumper Pool legally changed his name to Bumper when he was 16 because of his father's childhood love for bumper pool? ... that a guerrilla garden established atop an abandoned railroad in Long Island City became legally recognized by the MTA? ... that Australia-born rugby union player Jason Jones-Hughes was the subject of a protracted legal battle over his international eligibility after Wales called him up for the 1999 Rugby World Cup? ... that a number of bus drivers who participated in a strike were unaware that it was illegally held? ... that in Botswana, writer Unity Dow took legal actions as a plaintiff, legal counsellor, and judge to challenge gender discrimination and protect indigenous rights, before becoming a legislator? ... that despite being legally available in most cases, abortion in Taiwan is still criminalized under the penal code? Legal news Wikinews Crime and law portal April 28: Reports: US judge Matthew Kacsmaryk redacted name of corporation he owned stock in on disclosure forms April 22: Russia sentences opposition activist Vladimir Kara-Murza to 25 years in penal colony April 21: Paris judge acquits Airbus, Air France of involuntary manslaughter in 2009 crash that killed 228 April 12: Russian authorities charge US reporter Evan Gershkovich with espionage April 11: Maryland, US attorney general's office alleges historic child sexual abuse by Catholic Church officials April 10: Former US President Donald Trump pleads not guilty to 34 felony charges in Manhattan April 5: Russia charges peace activist in assassination of pro-war blogger in Saint Petersburg April 2: 'Unfounded and unsubstantiated': London policemen cleared of beating Muslim March 29: 'Carlos the Jackal' on trial in France for third life sentence March 13: Sydney, Australia woman who "spontaneously" murdered boyfriend in "fatal explosion of emotion" sentenced March 9: Islamabad High Court temporarily suspends arrest warrant against former Pakistani PM Imran Khan February 26: Canadian soldier who filmed himself sexually abusing colleague has appeal dismissed Related portals General images The following are images from various law-related articles on Wikipedia. Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence) Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence) The Supreme Court Building houses the Supreme Court of the United States, the highest court in the federal judiciary of the United States. (from Judiciary) Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence) Mill believed law should create happiness. (from Jurisprudence) Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence) Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law) Gratian (from Judiciary) Corpus Iuris Civilis, 1607 (from Judiciary) King John of England signs the Magna Carta (from Legal history) Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence) The Constitution of India is the longest written constitution for a country, containing 444 articles, 12 schedules, numerous amendments and 117,369 words (from Legal history) Aristotle, by Francesco Hayez (from Jurisprudence) Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary) Topics Quality content Extended content Featured articles New Jersey's 1927 biannual elections proposal US–UK Mutual Defence Agreement Act of Independence of Lithuania Afroyim v. Rusk Raymond Pace Alexander Herman Vandenburg Ames Ashford v Thornton Shooting of James Ashley Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd Hugh Beadle Cora Agnes Benneson Will P. Brady Brown Dog affair John Edward Brownlee sex scandal William Calcraft Carucage City of Champaign v. 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