Portal:Law

Portal topics: Activities; Culture; Geography; Health; History; Mathematics; Nature; People; Philosophy; Religion; Society; Technology; Random portal

The Law Portal

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...)

Refresh with new selections below (purge)

Selected article

Precedent is a principle or rule established in a legal case that becomes authoritative to a court or other tribunal when deciding subsequent cases with similar legal issues or facts. The legal doctrine stating that courts should follow precedent is called stare decisis (a Latin phrase with the literal meaning "to stand by things decided").

Common-law legal systems often view precedent as binding or persuasive, while civil law systems do not. Common-law systems aim for similar facts to yield similar and predictable outcomes, and observing precedent when making decisions is the mechanism to achieve that goal. Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance).

Case law, in common-law jurisdictions, is the set of decisions of adjudicatory tribunals or other rulings that can be cited as precedent. In most countries, including most European countries, the term is applied to any set of rulings on law, which is guided by previous rulings, for example, previous decisions of a government agency. Essential to the development of case law is the publication and indexing of decisions for use by lawyers, courts, and the general public, in the form of law reports. A precedent is a historical setting example for the future (though at varying levels of authority as discussed throughout this article), some become "leading cases" or "landmark decisions" that are cited especially often.

Generally speaking, a legal precedent may be:

applied (if precedent is binding) / adopted (if precedent is persuasive), if the principles underpinning the previous decision are accordingly used to evaluate the issues of the subsequent case;
distinguished, if the principles underpinning the previous decision are found specific to, or premised upon, certain factual scenarios, and not applied to the subsequent case because of the absence or material difference in the latter's facts;
modified, if the same court on determination of the same case on order from a higher court modified one or more parts of the previous decision; or
overruled, if the same or higher courts on appeal or determination of subsequent cases found the principles underpinning the previous decision erroneous in law or overtaken by new legislation or developments.

In contrast, civil law systems adhere to a legal positivism, where past decisions do not usually have the precedential, binding effect that they have in common law decision-making; the judicial review practiced by constitutional courts can be regarded as a notable exception. (Full article...)

See all selected articles

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...)

See all selected biographies

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.^{[better source needed]} Statutes may originate with the legislative body of a country, state or province, county, or municipality. (Full article...)

The Defective Premises Act 1972 (c. 35) is an act of the Parliament of the United Kingdom that covers landlords' and builders' liability for poorly constructed and poorly maintained buildings, along with any injuries that may result. During the 19th century, the common law principle that a landlord could not be liable for letting a poorly maintained house was established, while a long-running principle was that, in practice, builders could not be sued for constructing defective buildings. The courts began to turn against the first principle during the 20th century, imposing several restrictions on the landlord's immunity, but the landlord was still largely free from being sued.

The Defective Premises Bill was introduced to the House of Commons as a private member's bill by Ivor Richard on 1 December 1971, and given the royal assent on 29 June 1972, coming into force as the Defective Premises Act 1972 on 1 January 1974. The act establishes a duty of care builders and their sub-contractors owe to the occupiers of property they construct or modify, and also establishes a duty of care landlords hold towards their tenants and any third parties who might be injured by their failure to maintain or repair property. The act received a mixed reaction from critics; while some complimented it on its simple nature compared to the previously complex common rule laws, others felt that it was too limited for what was desired to be achieved, and that the wording used was at times both too vague and too specific. (Full article...)

More selected statutes

Did you know...

... that the Digital Switchover (Disclosure of Information) Act 2007 allows social security information to be passed to the BBC?

... that after the crash of United Airlines Flight 297 in 1962, the Federal Aviation Administration created new regulations that required airplanes to better withstand bird strikes?

... that in Re A (conjoined twins) an English court permitted the separation of two conjoined twins knowing that one would die?

... that although Elizabeth Richards Tilton (pictured) was a central figure in a six-month-long trial, she was never allowed to speak in court?

... that under modern principles of vicarious liability in English law, employers are answerable for the intentional wrongdoings of their employees?

... that although John Fortescue listed ten Inns of Chancery, only nine are known?

... that oppositionist delegates to the Philippine Constitutional Convention of 1971 were among the first to be arrested when Ferdinand Marcos declared martial law in the Philippines?

More did you know facts

Selected images

Image 1A courtroom in Tokyo, Japan
Image 2The Langdell Library of Harvard Law School
Image 3Statue of Lady Justice holding scales
Image 4The first Supreme Court of Puerto Rico
Image 5Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis.
Image 6King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash
Image 7Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law'
Image 8Signing of the Magna Carta
Image 9Justices of the Supreme Court of the United States as of October 2020
Image 10Jawaharlal Nehru at the Allahabad High Court
Image 11Painting of a jury deliberating
Image 12The Constitution of India
Image 13The defendants sitting in the dock during the Nuremberg Trials
Image 14Jeremy Bentham's writings influenced law for generations.
Image 15Legal 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...)

R v Secretary of State for Home Affairs ex parte O'Brien [1923] 2 KB 361 was a 1923 test case in English law that sought to have the internment and deportation of Irish nationalist sympathisers earlier that year declared legally invalid. In March 1923 between 80 and 100 suspected Irish nationalists in Britain were arrested by the police and sent to the Irish Free State under the Restoration of Order in Ireland Act 1920 (ROIA). One of the detainees, Art O'Brien, challenged his detention in a test case at a divisional court. The case eventually went to both the Court of Appeal and House of Lords, who decided that the internments were illegal because the Irish Free State was an independent nation and so British acts of Parliament no longer applied to it.

The decision effectively illegalised the ROIA and led to the immediate release of O'Brien and the other detained individuals, who sued the British Government for false imprisonment. The government pushed through the Restoration of Order in Ireland (Indemnity) Act 1923, which limited the money they had to pay the detainees, who eventually received £43,000. O'Brien himself was re-arrested and found guilty of sedition, and was imprisoned until 1924. (Full article...)

More selected cases
See also: Lists of case law

More Did you know (auto-generated)

... that a recent Jersey court case found that the usage of an ancient Norman Clameur de Haro, which includes a recitation of the Lord's Prayer in French to legally apply an injunction, was used incorrectly?
... that a guerrilla garden established atop an abandoned railroad in Long Island City became legally recognized by the MTA?
... that in 2012, a "stylish but illegal monkey" was seen wandering a Toronto-area IKEA?
... that Hartington Road Halt in Brighton, which closed after five years, was accidentally opened illegally?
... that Russian money, known as qiang tie by locals, was used as legal currency in some regions of China for decades?
... that under early English common law a person became legally dead when they entered a religious order?

Legal news

Wikinews Crime and law portal

Related portals

General images

The following are images from various law-related articles on Wikipedia.

Image 1Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law)
Image 2Gratian (from Judiciary)
Image 3The Supreme Court Building houses the Supreme Court of the United States, the highest court in the federal judiciary of the United States. (from Judiciary)
Image 4Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence)
Image 5Mill believed law should create happiness. (from Jurisprudence)
Image 6Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence)
Image 7King John of England signs the Magna Carta (from Legal history)
Image 8Corpus Iuris Civilis, 1607 (from Judiciary)
Image 9Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence)
Image 10Aristotle, by Francesco Hayez (from Jurisprudence)
Image 11Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence)
Image 12Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence)
Image 13Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary)
Image 14The 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)

Topics

Quality content

Extended content

This is a list of recognized content, updated weekly by JL-Bot (talk · contribs) (typically on Saturdays). There is no need to edit the list yourself. If an article is missing from the list, make sure it is tagged (e.g. {{WikiProject Law}}) or categorized correctly and wait for the next update. See WP:RECOG for configuration options.