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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...)

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Selected article

India's unitary judicial system is made up of the Supreme Court of India at the national level, for the entire country and the 24 High Courts at the State level. These courts have jurisdiction over a state, a union territory or a group of states and union territories. Below the High Courts are a hierarchy of subordinate courts such as the civil courts, family courts, criminal courts and various other district courts. High Courts are instituted as constitutional courts under Part VI, Chapter V, Article 214 of the Indian Constitution.

The High Courts are the principal civil courts of original jurisdiction in the state along with District Courts which are subordinate to the High courts. However, High courts exercise their original civil and criminal jurisdiction only if the courts subordinate to the High court in the state are not competent (not authorized by law) to try such matters for lack of pecuniary, territorial jurisdiction. High courts may also enjoy original jurisdiction in certain matters if so designated specifically in a state or Federal law. e.g.: Company law cases are instituted only in a High court.

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Claud Schuster, 1st Baron Schuster, GCB, CVO, QC (22 August 1869 – 28 June 1956), was a British barrister and civil servant noted for his long tenure as Permanent Secretary to the Lord Chancellor's Office. Born to a Mancunian business family, Schuster was educated at St. George's School, Ascot and Winchester College before matriculating at New College, Oxford in 1888 to read history. After graduation, he joined the Inner Temple with the aim of becoming a barrister, and was called to the Bar in 1895. Practising in Liverpool, Schuster was not noted as a particularly successful barrister, and he joined Her Majesty's Civil Service in 1899 as secretary to the Chief Commissioner of the Local Government Act Commission.

After serving as secretary to several more commissions, he was made Permanent Secretary to the Lord Chancellor's Office in 1915. Schuster served in this position for 29 years under ten different Lord Chancellors, and with the contacts obtained thanks to his long tenure and his work outside the Office he became "one of the most influential Permanent Secretaries of the 20th century". His influence over decisions within the Lord Chancellor's Office and greater Civil Service led to criticism and suspicions that he was a "power behind the throne", which culminated in a verbal attack by the Lord Chief Justice Lord Hewart in 1934 during a session of the House of Lords. Schuster retired in 1944 and was elevated to the peerage. Despite being officially retired he continued to work in government circles, such as with the Allied Commission for Austria and by using his seat in the House of Lords as a way to directly criticise legislation. (Full article...)

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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 Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 articles and three annexes, the Basic Law was composed to implement Annex I of the 1984 Sino-British Joint Declaration.

The Basic Law was enacted under the Constitution of China when it was adopted by the National People's Congress on 4 April 1990 and came into effect on 1 July 1997 after the handover of Hong Kong. It replaced Hong Kong's colonial constitution of the Letters Patent and the Royal Instructions. (Full article...)

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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?

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Selected images

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

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...)

Pepper (Inspector of Taxes) v Hart [1992] UKHL 3, is a landmark decision of the House of Lords on the use of legislative history in statutory interpretation. The court established the principle that when primary legislation is ambiguous then, in certain circumstances, the court may refer to statements made in the House of Commons or House of Lords in an attempt to interpret the meaning of the legislation. Before this ruling, such an action would have been seen as a breach of parliamentary privilege.

John Hart and nine others were teachers at Malvern College who benefited from a "concessionary fee" scheme that allowed their children to be educated at the college for one-fifth of the normal fees. The Inland Revenue attempted to tax this benefit based on the Finance Act 1976. There was a dispute over the correct interpretation of the Act. The Special Commissioners charged with assessing the tax found in favour of Hart, but both the High Court of Justice and Court of Appeal of England and Wales found in favour of the Inland Revenue. The case then went to the House of Lords, which, making use of statements in Parliament as recorded in Hansard, found in favour of Hart. Lord Mackay, dissenting, argued that Hansard should not be considered admissible evidence because of the time and expense involved in a lawyer having to look up every debate and discussion on a particular statute when giving legal advice or preparing a case. (Full article...)

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See also: Lists of case law

More Did you know (auto-generated)

... that an animal rendering and recycling plant dumped illegal amounts of ammonia, phosphorus, and fecal bacteria into the Transquaking River?
... that according to Ruth Marcus, the facts of Michael H. v. Gerald D. "more closely resembled a soap opera synopsis than a typical Supreme Court case"?
... that Ward v. Flood was the legal basis for racially segregated education in California?
... that Utah state representative Charles Redd successfully proposed the legalization of horse racing and betting in 1925, only to successfully propose making it illegal again two years later?
... that Fort Hampton was constructed by the United States Army to warn Americans to leave and keep them from illegally settling in Chickasaw territory?
... that since being left vacant the grade II–listed Occleshaw House in Leyland, Lancashire, has been used as an illegal cannabis farm and suffered a suspected arson attack?

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General images

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

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

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