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 Privy Council (formally His Majesty's Most Honourable Privy Council) is a formal body of advisers to the sovereign of the United Kingdom. Its members, known as privy counsellors, are mainly senior politicians who are current or former members of either the House of Commons or the House of Lords. The Privy Council formally advises the sovereign on the exercise of the royal prerogative. The King-in-Council issues executive instruments known as Orders in Council. The Privy Council also holds the delegated authority to issue Orders of Council, mostly used to regulate certain public institutions. It advises the sovereign on the issuing of royal charters, which are used to grant special status to incorporated bodies, and city or borough status to local authorities. Otherwise, the Privy Council's powers have now been largely replaced by its executive committee, the Cabinet of the United Kingdom. Certain judicial functions are also performed by the King-in-Council, although in practice its actual work of hearing and deciding upon cases is carried out day-to-day by the Judicial Committee of the Privy Council. The Judicial Committee consists of senior judges appointed as privy counsellors: predominantly justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth. The Privy Council formerly acted as the final court of appeal for the entire British Empire (other than for the United Kingdom itself). It continues to hear judicial appeals from some other independent Commonwealth countries, as well as Crown Dependencies and British Overseas Territories. (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 Franklin County Courthouse (pictured) incorporates the walls and columns left after Confederate forces burned the previous courthouse during the American Civil War? ... that a bipartisan commission was established by law in 2003 with the mandate to study prison rape in the United States? ... that T. Muthuswamy Iyer was the first Indian judge of the Madras High Court? ... that a grand jury found Arizona Territory's "Thieving Thirteenth" legislature exceeded a US$4,000 legal limitation for operating expenses by US$46,744.50? ... that English gynaecologist Margaret Puxon, who started studying law to prevent boredom while on maternity leave, eventually became a barrister? ... that the Stephen Downing case, also known as the Bakewell Tart murder, has been described as the longest miscarriage of justice in British legal history? ... that John B. Creeden was a founder of both Boston College Law School and Georgetown University's School of Foreign Service? Selected images Jeremy Bentham's writings influenced law for generations. The defendants sitting in the dock during the Nuremberg Trials Signing of the Magna Carta A courtroom in Tokyo, Japan The Constitution of India Justices of the Supreme Court of the United States as of October 2020 Statue of Lady Justice holding scales Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. The Langdell Library of Harvard Law School Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' Legal systems of the world Jawaharlal Nehru at the Allahabad High Court King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash The first Supreme Court of Puerto Rico Painting of a jury deliberating 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 Hopley (more commonly known as the Eastbourne manslaughter) was an 1860 legal case in Eastbourne, Sussex, England. The case concerned the death of 15-year-old Reginald Cancellor (some sources give his name as Chancellor and his age as 13 or 14) at the hands of his teacher, Thomas Hopley. Hopley used corporal punishment with the stated intention of overcoming what he perceived as stubbornness on Cancellor's part, but instead beat the boy to death. An inquest into Cancellor's death began when his brother requested an autopsy. As a result of the inquest Hopley was arrested and charged with manslaughter. He was found guilty at trial and sentenced to four years in prison, although he insisted that his actions were justifiable and that he was not guilty of any crime. The trial was sensationalised by the Victorian press and incited debate over the use of corporal punishment in schools. After Hopley's release and subsequent divorce trial, he largely disappeared from the public record. The case became an important legal precedent in the United Kingdom for discussions of corporal punishment in schools and reasonable limits on discipline. (Full article...) More Did you know (auto-generated) ... that under early English common law a person became legally dead when they entered a religious order? ... that before entering politics, Romina Pérez worked at the Center for Legal Studies and Social Research, which "became a 'nursery' for intellectual and political cadres of the Movement for Socialism"? ... that Freedom of Religion South Africa filed an unsuccessful lawsuit to keep child spanking legal? ... that the legal battle over awarding channel 9 in Orlando, Florida, the longest case in FCC history at the time, filled 55 volumes? ... that Latin legal maxims like casum sentit dominus have been described as "guardians of eternity [...] more lasting than codifications"? ... that in 2009, residents of Maine voted to repeal a law that would have legalized same-sex marriage? 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. Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary) Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence) Mill believed law should create happiness. (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) King John of England signs the Magna Carta (from Legal history) Corpus Iuris Civilis, 1607 (from Judiciary) Bentham's utilitarian theories remained dominant in law until the twentieth century. (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) Oliver Wendell Holmes was a self-styled legal realist. (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) Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence) Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence) 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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