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 The Exchequer of Pleas, or Court of Exchequer, was a court that dealt with matters of equity, a set of legal principles based on natural law and common law in England and Wales. Originally part of the curia regis, or King's Council, the Exchequer of Pleas split from the curia in the 1190s to sit as an independent central court. The Court of Chancery's reputation for tardiness and expense resulted in much of its business transferring to the Exchequer. The Exchequer and Chancery, with similar jurisdictions, drew closer together over the years until an argument was made during the 19th century that having two seemingly identical courts was unnecessary. As a result, the Exchequer lost its equity jurisdiction. With the Judicature Acts, the Exchequer was formally dissolved as a judicial body by an Order in Council on 16 December 1880. The Exchequer's jurisdiction at various times was common law, equity or both. Initially a court of both common law and equity, it lost much of its common law jurisdiction after the formation of the Court of Common Pleas. From then on, it concerned itself with equitable matters and those common law matters that it had discretion to try, such as actions brought against Exchequer officials and actions brought by the monarch against non-paying debtors. (Full article...) Selected biography Sir William Garrow PC KC FRS (13 April 1760 – 24 September 1840) was an English barrister, politician and judge known for his indirect reform of the advocacy system, which helped usher in the adversarial court system used in most common law nations today. He introduced the phrase "presumed innocent until proven guilty", insisting that defendants' accusers and their evidence be thoroughly tested in court. Born to a priest and his wife in Monken Hadley, then in Middlesex, Garrow was educated at his father's school in the village before being apprenticed to Thomas Southouse, an attorney in Cheapside, which preceded a pupillage with Mr. Crompton, a special pleader. A dedicated student of the law, Garrow frequently observed cases at the Old Bailey; as a result Crompton recommended that he become a solicitor or barrister. Garrow joined Lincoln's Inn in November 1778, and was called to the Bar on 27 November 1783. He quickly established himself as a criminal defence counsel, and in February 1793 was made a King's Counsel by HM Government to prosecute cases involving treason and felonies. He was elected to Parliament in 1805 for Gatton, a rotten borough, and became Solicitor General for England in 1812 and Attorney General for England a year later. Although not happy in Parliament, having been returned only for political purposes, Garrow acted as one of the principal Whig spokesmen trying to stop criminal law reform as campaigned for by Samuel Romilly and also attempted to pass legislation to condemn animal cruelty. In 1817, he was made a Baron of the Exchequer and a Serjeant-at-Law, forcing his resignation from Parliament, and he spent the next 15 years as a judge. He was not particularly successful in the commercial cases the Exchequer specialised in, but when on Assize, used his criminal law knowledge from his years at the Bar to great effect. On his resignation in 1832 he was made a Privy Councillor, a sign of the respect HM Government had for him. He died on 24 September 1840. (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 Petition of Right, passed on 7 June 1628, is an English constitutional document setting out specific individual protections against the state, reportedly of equal value to Magna Carta and the Bill of Rights 1689. It was part of a wider conflict between Parliament and the Stuart monarchy that led to the 1639 to 1653 Wars of the Three Kingdoms, ultimately resolved in the 1688–89 Glorious Revolution. Following a series of disputes with Parliament over granting taxes, in 1627 Charles I imposed "forced loans", and imprisoned those who refused to pay, without trial. This was followed in 1628 by the use of martial law, forcing private citizens to feed, clothe and accommodate soldiers and sailors, which implied the king could deprive any individual of property, or freedom, without justification. It united opposition at all levels of society, particularly those elements the monarchy depended on for financial support, collecting taxes, administering justice etc, since wealth simply increased vulnerability. (Full article...) Did you know... ... that the non-payment of debts is the archetype for the seventeen other Hindu titles of law, including that of sexual crimes against women? ... that the case Carlill v Carbolic Smoke Ball Co established the precedents for UK contract law? ... that Swarup Rani Nehru (pictured)appealed to women to make salt in defiance of the salt laws in British India? ... that although the Chancery Amendment Act 1858 was repealed in the United Kingdom, it is still valid in the Republic of Ireland and parts of Canada? ... that freedom of religion in Singapore, which is guaranteed by Article 15 of the Constitution of Singapore, may be restricted by a general law relating to public order, public health or morality? ... that Peter Rosted served as chief judge at Norway's Inderøy District Court for 46 years, from 1733 to 1776? ... that the Alaska Native Claims Settlement Act extinguished all aboriginal title in Alaska? Selected images The Langdell Library of Harvard Law School Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' Painting of a jury deliberating King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash The Constitution of India Jeremy Bentham's writings influenced law for generations. Legal systems of the world A courtroom in Tokyo, Japan Jawaharlal Nehru at the Allahabad High Court Signing of the Magna Carta Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. Statue of Lady Justice holding scales Justices of the Supreme Court of the United States as of October 2020 The defendants sitting in the dock during the Nuremberg Trials The first Supreme Court of Puerto Rico 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...) Slade's Case (or Slade v. Morley) was a case in English contract law that ran from 1596 to 1602. Under the medieval common law, claims seeking the repayment of a debt or other matters could only be pursued through a writ of debt in the Court of Common Pleas, a problematic and archaic process. By 1558 the lawyers had succeeded in creating another method, enforced by the Court of King's Bench, through the action of assumpsit, which was technically for deceit. The legal fiction used was that by failing to pay after promising to do so, a defendant had committed deceit, and was liable to the plaintiff. The conservative Common Pleas, through the appellate court the Court of Exchequer Chamber, began to overrule decisions made by the King's Bench on assumpsit, causing friction between the courts. In Slade's Case, a case under assumpsit, which was brought between judges of the Common Pleas and King's Bench, was transferred to the Court of Exchequer Chamber where the King's Bench judges were allowed to vote. The case dragged on for five years, with the judgment finally being delivered in 1602 by the Chief Justice of the King's Bench, John Popham. Popham ruled that assumpsit claims were valid, a decision called a "watershed" moment in English law, with archaic and outdated principles being overwritten by the modern and effective assumpsit, which soon became the main cause of action in contract cases. This is also seen as an example of judicial legislation, with the courts making a revolutionary decision Parliament had failed to make. (Full article...) More Did you know (auto-generated) ... that Western Australia was the second Australian state to legalise voluntary assisted dying? ... that The Hidden Case of Ewan Forbes discusses the history of transgender man Ewan Forbes and his 1968 legal case to inherit his family's baronetcy that was silenced from public records? ... that British outrage at the sentencing of a white Kenyan settler to just two years' imprisonment for the 1923 killing of a black employee eventually led to the replacement of the colony's legal code? ... that despite being legally available in most cases, abortion in Taiwan is still criminalized under the penal code? ... that variations of the Latin legal maxim ius civile vigilantibus scriptum est have been used by American, European and Lesotho courts? ... that West Virginia lawyer Arthur G. Froe served as D.C. Recorder of Deeds under three presidents and was appointed by President Wilson as a draft board legal advisor during World War I? 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. Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence) Corpus Iuris Civilis, 1607 (from Judiciary) Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence) Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence) Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence) Gratian (from Judiciary) Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary) King John of England signs the Magna Carta (from Legal history) Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence) Aristotle, by Francesco Hayez (from Jurisprudence) Mill believed law should create happiness. (from Jurisprudence) Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law) 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) 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) 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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