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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

Same-sex marriage has been legal in Spain since July 3, 2005. In 2004, the nation's newly elected government, led by Prime Minister José Luis Rodríguez Zapatero of the Socialist Workers' Party, began a campaign to legalize same-sex marriage, including the right of adoption by same-sex couples. After much debate, a law permitting same-sex marriage was passed by the Cortes Generales (the Spanish Parliament, composed of the Senate and the Congress of Deputies) by a vote of 187–147 on June 30, 2005, and published on July 2. The law took effect the next day, making Spain the third country in the world to allow same-sex couples to marry on a national level, after the Netherlands and Belgium, and 17 days ahead of the right being extended across all of Canada.

Roman Catholic authorities were adamantly opposed, criticising what they regarded as the weakening of the meaning of marriage, despite support from 66% of the population. Other associations expressed concern over the possibility of lesbian and gay couples adopting children. After its approval, the conservative People's Party challenged the law in the Constitutional Court.

Approximately 4,500 same-sex couples married in Spain during the first year of the law. Shortly after the law was passed, questions arose about the legal status of marriage to non-Spaniards whose country did not permit same-sex marriage. A decision from the Justice Ministry stated that the country's same-sex marriage law allows a Spanish citizen to marry a non-Spaniard regardless of whether that person's homeland recognizes the union. At least one partner must be a Spanish citizen in order to marry, although two non-Spaniards may marry if they both have legal residence in Spain. (Full article...)

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Selected biography

Antonin Gregory Scalia (March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the U.S. Supreme Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century, and one of the most important justices in the history of the Supreme Court. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018, and the Antonin Scalia Law School at George Mason University was named in his honor.

Scalia was born in Trenton, New Jersey. A devout Catholic, he attended the Jesuit Xavier High School before receiving his undergraduate degree from Georgetown University. Scalia went on to graduate from Harvard Law School and spent six years at Jones Day before becoming a law professor at the University of Virginia. In the early 1970s, he served in the Nixon and Ford administrations, eventually becoming an Assistant Attorney General under President Gerald Ford. He spent most of the Carter years teaching at the University of Chicago, where he became one of the first faculty advisers of the fledgling Federalist Society. In 1982, President Ronald Reagan appointed Scalia as a judge of the U.S. Court of Appeals for the District of Columbia Circuit. Four years later, Reagan appointed him to the Supreme Court, where Scalia became its first Italian-American justice following a unanimous confirmation by the U.S. Senate 98–0.

Scalia espoused a conservative jurisprudence and ideology, advocating textualism in statutory interpretation and originalism in constitutional interpretation. He peppered his colleagues with "Ninograms" (memos named for his nickname, "Nino") intending to persuade them to his point of view. He was a strong defender of the powers of the executive branch and believed that the U.S. Constitution permitted the death penalty and did not guarantee the right to either abortion or same-sex marriage. Furthermore, Scalia viewed affirmative action and other policies that afforded special protected status to minority groups as unconstitutional. Such positions would earn him a reputation as one of the most conservative justices on the Court. He filed separate opinions in many cases, often castigating the Court's majority—sometimes scathingly so. (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 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...)

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

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...)

Public Prosecutor v. Taw Cheng Kong is a landmark case decided in 1998 by the Court of Appeal of Singapore which shaped the landscape of Singapore's constitutional law. The earlier High Court decision, Taw Cheng Kong v. Public Prosecutor, was the first instance in Singapore's history that a statutory provision was struck down as unconstitutional. The matter subsequently reached the Court of Appeal when the Public Prosecutor applied for a criminal reference for two questions to be considered. The questions were:

whether section 37(1) of the Prevention of Corruption Act (Cap. 241, 1993 Rev. Ed.) ("PCA") was ultra vires the powers of the legislature on the ground that the legislature had, under section 6(3) of the Republic of Singapore Independence Act 1965 (No. 9 of 1965, 1985 Rev. Ed.), been divested of the power to legislate extraterritorially; and
whether section 37(1) of the PCA was discriminatory against Singapore citizens and hence inconsistent with Article 12(1) of the Constitution of the Republic of Singapore (1992 Reprint) (now the Singapore Constitution (1999 Reprint)).

In answering both questions in the negative, the Court of Appeal overturned the High Court's finding that the statute was unconstitutional. The Court of Appeal further clarified Singapore's stance on legislative plenary power and expounded upon Article 12(1) of the Constitution, explaining that the promise of equality does not mean that all persons are to be treated equally, but simply that all persons in like situations will be treated alike. Drawing on foreign case law, the Court of Appeal further outlined the test to determine if a differentiating law falls foul of Article 12. (Full article...)

More selected cases
See also: Lists of case law

More Did you know (auto-generated)

... that as part of illegal wildlife trading, Oophaga solanensis frogs are bought for US$3 in their native Colombia and sold for up to US$1,000 overseas?
... that a 1982 court case established that video games may qualify for multiple types of U.S. copyright protection?
... that Russian money, known as qiang tie by locals, was used as legal currency in some regions of China for decades?
... that it will soon be illegal for government employees to gamble in the country of Georgia?
... that in the 1951 court case Kuzych v White, on appeal from the British Columbia Court of Appeal, five law lords of the British Judicial Committee ruled in favour of a Communist-led trade union?
... that the pseudonymous manga artist Junichi Yamakawa never disclosed to his editor his legal name, address, or contact information?

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

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