Lady Justice , often used as a personification of the law, holding a sword in one hand and scales in the other.Law 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...
The Saxbe fix SAKS -beesalary rollback , is a mechanism by which the president of the United States , in appointing a current or former member of the United States Congress whose elected term has not yet expired, can avoid the restriction of the United States Constitution 's Ineligibility Clause . That clause prohibits the president from appointing a current or former member of Congress to a civil office position that was created, or to a civil office position for which the pay or benefits (collectively, "emoluments") were increased, during the term for which that member was elected until the term has expired. The rollback, first implemented by an Act of Congress in 1909, reverts the emoluments of the office to the amount they were when that member began his or her elected term.
To prevent ethical conflicts, James Madison proposed language at the Constitutional Convention that was adopted as the Ineligibility Clause after debate and modification by other Founding Fathers . Historically, a number of approaches have been taken to circumvent or adhere to the restrictions; these have included choosing another nominee, allowing the desired nominee's elected term of office to expire, ignoring the clause entirely, or reducing the offending emoluments to the level prior to when the nominee took office. Although Congress passed the mechanism reducing emoluments in 1909, the procedure was named "Saxbe fix" after Senator William Saxbe , who was confirmed as attorney general in 1973 after Congress reduced the office's salary to the level it had been before Saxbe's term commenced. The Saxbe fix has subsequently become relevant as a successful—though not universally accepted—solution for appointments by presidents of both parties of sitting members of the United States Congress to the United States Cabinet . Members of Congress have been appointed to federal judgeships without any fix being enacted; court challenges to such appointments have failed. (Full article...
Warren Grant "Maggie" Magnuson Democratic Party , he served as a U.S. Representative (1937–1944) and a U.S. Senator (1944–1981) from Washington . He served over 36 years in the Senate, and was the most senior member of the body during his final two years in office. He earned a Bachelor of Laws degree from the University of Washington School of Law in 1929, and became active in politics in 1928, volunteering for A. Scott Bullitt for governor and Al Smith for president . In 1929, Magnuson was admitted to the bar and joined the law office of Judge Samuel Stern in Seattle. He served as special prosecutor for King County in 1932, investigating official misconduct. He was a leading supporter of repealing state Prohibition laws and establishing the state Liquor Control Board. From 1933 to 1934, Magnuson served as a member of the Washington House of Representatives from the Seattle-based 37th Legislative District. As a state legislator, he sponsored the first unemployment compensation bill in the nation. He was a delegate to the state constitutional convention in 1933. He briefly served as Assistant United States District Attorney before being elected prosecuting attorney of King County, serving from 1934 to 1936.
Magnuson was first elected to the House of Representatives in 1936, filling a vacancy caused by the sudden death of fellow Democrat Marion Zioncheck on August 7, 1936. In 1937, along with senators Homer Bone and Matthew Neely , he introduced the National Cancer Institute Act , which was signed into law by President Franklin D. Roosevelt on August 5 of that year. Magnuson won re-election in 1938, 1940, and 1942. In 1944, he successfully ran for the U.S. Senate. He was appointed on December 14, 1944, to fill the vacancy created by Homer Bone 's appointment to the Ninth Circuit Court of Appeals , thus resigning from the House and starting his service in the Senate a month early. He was re-elected in 1950, 1956, 1962, 1968, and 1974. He served on the Senate Commerce Committee throughout his tenure in the Senate, and the Senate Appropriations Committee during his final term.
A statute 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 Statute of Monopolies 21 Jas. 1 . c. 3) was an act of the Parliament of England notable as the first statutory expression of English patent law. Patents evolved from letters patent , issued by the monarch to grant monopolies over particular industries to skilled individuals with new techniques. Originally intended to strengthen England's economy by making it self-sufficient and promoting new industries, the system gradually became seen as a way to raise money (through charging patent-holders) without having to incur the public unpopularity of a tax. Elizabeth I particularly used the system extensively, issuing patents for common commodities such as starch and salt. Unrest eventually persuaded her to turn the administration of patents over to the common law courts, but her successor, James I , used it even more. Despite a committee established to investigate grievances and excesses, Parliament made several efforts to further curtail the monarch's power. The result was the Statute of Monopolies, passed on 29 May 1624 (although at the time this was thought to be 1623).
The statute repealed some past and future patents and monopolies but preserved exceptions: one of these was for patents for novel inventions. Seen as a key moment in the evolution of patent law, the statute has also been described as "one of the landmarks in the transition of [England's] economy from the feudal to the capitalist". Even with the statute in force, it took over a century for a comprehensive legal doctrine around patents to come into existence, and James I's successor Charles I regularly abused the patents system by ensuring that all cases relating to his actions were heard in conciliar courts , which he controlled. The English Civil War and the resulting English Restoration finally curtailed this system. The statute is still the basis for Australian law, and until the United Kingdom began following the European Patent Convention in 1977, was also a strong pillar of the United Kingdom's intellectual property law. (Full article...
... that although Elizabeth Richards Tilton (pictured) was a central figure in a six-month-long trial, she was never allowed to speak in court?
Case law 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...
Thomas Bonham v College of Physicians Dr. Bonham's Case Bonham's Case Court of Common Pleas in England , under Sir Edward Coke , the court's Chief Justice , in which it was ruled that Dr. Bonham had been wrongfully imprisoned by the College of Physicians for practising medicine without a licence. Dr. Bonham's attorneys had argued that imprisonment was reserved for malpractice not illicit practice, with Coke agreeing in the majority opinion.
The case is notable because Coke argued in the decision's rationale that "in many cases, the common law will control Acts of Parliament", the act of parliament in question being the "College of Physicians Act 1553 " which gave the college the right to imprison. The meaning of this phrase has been disputed over the years. According to one interpretation, Coke intended the kind of judicial review that would later develop in the United States , but other scholars believe that Coke meant only to construe a statute, not to challenge parliamentary sovereignty . If Coke intended the former, he may have later changed his view. The statement by Coke is sometimes considered to be an obiter dictum ratio decidendi
After an initial period during which Coke's controversial view enjoyed some support but no statutes were declared void, Bonham's Case was thrown aside as a precedent, in favour of the growing doctrine of parliamentary sovereignty. William Blackstone , one of the most prominent supporters of the doctrine, argued that Parliament is the sovereign lawmaker, preventing the common law courts from throwing aside or reviewing statutes in the fashion that Coke had suggested. Parliamentary sovereignty is now the accepted judicial doctrine in the legal system of England and Wales . (Full article...
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The following are images from various law-related articles on Wikipedia.
Image 1 Mill believed law should create happiness. (from
Jurisprudence )
Image 2 Plato (left) and
Aristotle (right), a detail of
The School of Athens (from
Jurisprudence )
Image 3 Bentham's utilitarian theories remained dominant in law until the twentieth century. (from
Jurisprudence )
Image 4 Corpus Iuris Civilis , 1607 (from
Judiciary )
Image 5 Thomas Aquinas was the most influential Western medieval legal scholar. (from
Jurisprudence )
Image 6 King John of England signs the Magna Carta (from
Legal history )
Image 7 Gratian (from
Judiciary )
Image 8 Image of pages from the
Decretum of
Burchard of Worms , an 11th-century book of canon law (from
Canon law )
Image 9 Philosophers of law ask "what is law, and what should it be?" (from
Jurisprudence )
Image 10 Lady Justice (Latin:
Justicia ), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from
Judiciary )
Image 12 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 )
Image 13 Oliver Wendell Holmes was a self-styled legal realist. (from
Jurisprudence )
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Texas John Watson (advocate) Watson v British Boxing Board of Control Watts and Betchart murder case Amy Wax Weapon Systems Acquisition Reform Act of 2009 Webster ruling Wednesbury unreasonableness in Singapore law Georges Weill Randi Weingarten Welsh Church (Amendment) Act 1938 Welsh Church (Burial Grounds) Act 1945 Welsh Church (Temporalities) Act 1919 West Indian Incumbered Estates Acts Westmoreland v. CBS Claude Weston Mark Wetjen Wheeler v JJ Saunders Ltd When a man argues against two beautiful ladies like this, they are going to have the last word Alexander White (Virginia politician) Christian Streit White Francis White (Virginia politician) John Baker White (West Virginia politician) John Baker White (clerk of court) Penny J. White Robert White (West Virginia state senator) Robert White (attorney general) Robert White (judge) White v Driver Reah Whitehead Widener University Commonwealth Law School Bambang Widjojanto Wieman v. Updegraff Wiggins v. Smith Wik Peoples v Queensland Elizabeth Wilkins Robert L. Wilkins Wilko v. Swan Will v. Michigan Department of State Police Willamette Law Review Willard v. Tayloe Wills Act 1963 Wine law Wingspread Conference on the Precautionary Principle Wisconsin Department of Revenue v. William Wrigley Jr. Co. Witch-hunt Witchcraft Suppression Act, 1957 Witches of Belvoir Witnesses and testimonies of the Armenian genocide Willem Witteveen Andrew Wodrow Wolk v. Kodak Imaging Network, Inc. Women's suffrage in film Walton J. Wood Woodroffe-Hedley v Cuthbertson Bonnie Woods Woodson Law Office Stanley Woodward (attorney) Wool Products Labeling Act Walter Woon 2015 Wootton Bassett rail incident World Courts of Women Wrangell Bombardment Julian M. Wright Writ of mandate (California) Francis Wythens Xiao Yang (judge) Yamagata–Lobanov Agreement Yasui v. United States Ye Htoon Year and a day rule Yong Pung How Young v. Facebook, Inc. Zacchini v. Scripps-Howard Broadcasting Co. Brian K. 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