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 A Serjeant-at-Law (SL), commonly known simply as a Serjeant, was a member of an order of barristers at the English and Irish Bar. The position of Serjeant-at-Law (servientes ad legem), or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France before the Norman Conquest, thus the Serjeants are said to be the oldest formally created order in England. The order rose during the 16th century as a small, elite group of lawyers who took much of the work in the central common law courts. With the creation of Queen's Counsel or "Queen's Counsel Extraordinary" (King's Counsel during a male monarch's rule) during the reign of Elizabeth I, the order gradually began to decline, with each monarch opting to create more King's or Queen's Counsel. The Serjeants' exclusive jurisdictions were ended during the 19th century and, with the Judicature Act 1873 coming into force in 1875, it was felt that there was no need to have such figures, and no more were created. The last appointed was Nathaniel Lindley, later a Law Lord, who retired in 1905 and died in 1921. The number of Irish Serjeants-at-law was limited to three (originally one, later two). The last appointment was A. M. Sullivan in 1912; after his 1921 relocation to the English bar he remained "Serjeant Sullivan" as a courtesy title. (Full article...) Selected biography Sir Edward Coke (/kʊk/ CUUK, formerly /kuːk/; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician. He is often considered the greatest jurist of the Elizabethan and Jacobean eras. Born into an upper-class family, Coke was educated at Trinity College, Cambridge, before leaving to study at the Inner Temple, where he was called to the Bar on 20 April 1578. As a barrister, he took part in several notable cases, including Slade's Case, before earning enough political favour to be elected to Parliament, where he served first as Solicitor General and then as Speaker of the House of Commons. Following a promotion to Attorney General he led the prosecution in several notable cases, including those against Robert Devereux, Sir Walter Raleigh, and the Gunpowder Plot conspirators. As a reward for his services he was first knighted and then made Chief Justice of the Common Pleas. As Chief Justice, Coke restricted the use of the ex officio (Star Chamber) oath and, in the Case of Proclamations and Dr. Bonham's Case, declared the King to be subject to the law, and the laws of Parliament to be void if in violation of "common right and reason". These actions eventually led to his transfer to the Chief Justiceship of the King's Bench, where it was felt he could do less damage. Coke then successively restricted the definition of treason and declared a royal letter illegal, leading to his dismissal from the bench on 14 November 1616. With no chance of regaining his judicial posts, he instead returned to Parliament, where he swiftly became a leading member of the opposition. During his time as a Member of Parliament he wrote and campaigned for the Statute of Monopolies, which substantially restricted the ability of the monarch to grant patents, and authored and was instrumental in the passage of the Petition of Right, a document considered one of the three crucial constitutional documents of England, along with Magna Carta and the Bill of Rights 1689. Coke is best known in modern times for his Institutes, described by John Rutledge as "almost the foundations of our law", and his Reports, which have been called "perhaps the single most influential series of named reports". Historically, he was a highly influential judge; within England and Wales, his statements and works were used to justify the right to silence, while the Statute of Monopolies is considered to be one of the first actions in the conflict between Parliament and monarch that led to the English Civil War. In America, Coke's decision in Dr. Bonham's Case was used to justify the voiding of both the Stamp Act 1765 and writs of assistance, which led to the American War of Independence; after the establishment of the United States his decisions and writings profoundly influenced the Third and Fourth amendments to the United States Constitution while necessitating the Sixteenth. (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 Act on National Flag and Anthem (国旗及び国歌に関する法律, Kokki Oyobi Kokka ni Kansuru Hōritsu), abbreviated as 国旗国歌法, is a law that formally established Japan's national flag and anthem. Before its ratification on August 13, 1999, there was no official flag or anthem for Japan. The nisshōki (日章旗) flag, commonly referred to as the hinomaru (日の丸), had represented Japan unofficially since 1870; "Kimigayo" (君が代) had been used as Japan's de facto anthem since 1880. After Japan's defeat in World War II, there were suggestions to legislate the hinomaru and Kimigayo as the official symbols of Japan. However, a law to establish the hinomaru and Kimigayo as official in 1974 failed in the National Diet, due to the opposition of the Japan Teachers Union that insists they have a connection with Japanese militarism. It was suggested that both the hinomaru and Kimigayo should be made official after a school principal in Hiroshima committed suicide over a dispute regarding the use of the flag and anthem in a school ceremony. After a vote in both houses of the National Diet, the law was passed on August 9, 1999. Promulgated and enforced on August 13, 1999, it was considered one of the most controversial laws passed by the National Diet in the 1990s. The debate surrounding the law also revealed a split in the leadership of the opposition Democratic Party of Japan (DPJ) and the unity of the ruling Liberal Democratic Party (LDP) and coalition partners. The passage of the law was met with mixed reactions. Although some Japanese hailed the passage, others felt that it was a shift toward restoring nationalistic feelings and culture: It was passed in time for the tenth anniversary of the Emperor Akihito's reign. In the countries that Japan had occupied during World War II, some felt that the law's passage, along with debates on laws related to military affairs and Yasukuni Shrine, marked a shift in Japan toward the political right. Regulations and government orders issued in the wake of this law, especially those issued by the Tokyo Board of Education, were also challenged in court by some Japanese due to conflicts with the Japanese constitution. (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 The defendants sitting in the dock during the Nuremberg Trials Statue of Lady Justice holding scales Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. Jawaharlal Nehru at the Allahabad High Court The Constitution of India Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' The first Supreme Court of Puerto Rico Painting of a jury deliberating Legal systems of the world The Langdell Library of Harvard Law School Justices of the Supreme Court of the United States as of October 2020 Signing of the Magna Carta King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash Jeremy Bentham's writings influenced law for generations. A courtroom in Tokyo, Japan 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...) Cambridge Water Co Ltd v Eastern Counties Leather plc [1994] 1 All ER 53 is a case in English tort law that established the principle that claims under nuisance and Rylands v Fletcher must include a requirement that the damage be foreseeable; it also suggested that Rylands was a sub-set of nuisance rather than an independent tort, a debate eventually laid to rest in Transco plc v Stockport Metropolitan Borough Council. The Cambridge Water Company were a company responsible for providing potable water to the inhabitants of Cambridge and the surrounding areas. In 1976, they purchased a borehole outside Sawston to deal with rising demand. In 1980, a European Directive was issued requiring nations of the European Community to establish standards on the presence of perchloroethene (PCE) in water, which the United Kingdom did in 1982. It was found that the Sawston borehole was contaminated with PCE that had originated in a tannery owned by Eastern Counties Leather. Prior to 1980, there was no knowledge that PCE should be avoided or that it could cause harm, but the Cambridge Water Company brought a case against Eastern Counties Leather anyway. The case first went to the High Court of Justice, where Kennedy J dismissed claims under nuisance, negligence and Rylands v Fletcher because the harm was not foreseeable. His decision was reversed by the Court of Appeal of England and Wales, who cited an "obscure decision" to justify doing so. The case then went to the House of Lords, where a decision was read by Lord Goff on 9 December 1993. Goff first countered the Court of Appeal decision, restoring Kennedy's dismissal of the case, before moving on to the deeper legal points. Based on the original decision in Rylands, Goff argued that it had always been intended for foreseeability of harm to be a factor, something not previously put into law by the English judiciary. He then stated that Rylands was arguably a sub-set of nuisance, not an independent tort, and as such the factors which led him to including a test of foreseeability of harm in Rylands cases also imposed such a test on all nuisance cases. The decision in Cambridge Water Co made an immediate change to the law, for the first time requiring foreseeability of harm to be considered in cases brought under Rylands v Fletcher and the general tort of nuisance. It was also significant in implying that Rylands was not an independent tort, something later concluded in the Transco case. Goff's judgment has been criticised on several points by academics, who highlight flaws in wording which leave parts of the judgment ambiguous and a selective assessment of Rylands that ignores outside influences. (Full article...) More Did you know (auto-generated) ... that fridges filled with "frozen duck" sent to Britain actually contained illegal coins? ... that Ward v. Flood was the legal basis for racially segregated education in California? ... that the legal battle over awarding channel 9 in Orlando, Florida, the longest case in FCC history at the time, filled 55 volumes? ... that until a 1982 legal decision, women were not permitted to stand at the bar at El Vino in London? ... that according to one legal scholar, "no intelligent lawyer could well practice without" the books of Joseph Kinnicutt Angell? ... that the first United States court case to recognize moral rights in authorship involved the use of music by four Soviet composers in the 1948 Cold War film The Iron Curtain? 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. Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence) Aristotle, by Francesco Hayez (from Jurisprudence) Bentham's utilitarian theories remained dominant in law until the twentieth century. (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) Mill believed law should create happiness. (from Jurisprudence) Gratian (from Judiciary) Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law) Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence) King John of England signs the Magna Carta (from Legal history) Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence) Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary) Corpus Iuris Civilis, 1607 (from Judiciary) Philosophers of law ask "what is law, and what should it be?" (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) Topics Quality content Extended content Featured articles New Jersey's 1927 biannual elections proposal US–UK Mutual Defence Agreement Act of Accord 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. Madigan Coinage Act of 1873 Coinage Act of 1965 Court of Chancery Harold Davidson Treaty of Devol Eastbourne manslaughter Epsom riot Ex parte Crow Dog Freedom for the Thought That We Hate Fuck (2005 film) Fuck: Word Taboo and Protecting Our First Amendment Liberties Melville Fuller Robert Garran William Garrow Robert Goff, Baron Goff of Chieveley Gray's Inn Greek case Debora Green Learned Hand Hanged, drawn and quartered Heffernan v. City of Paterson Horse Protection Act of 1970 Illinois Public Access Opinion 16-006 1981 Irish hunger strike Irish nationality law Israeli citizenship law Jena Six Murder of Dwayne Jones Jamie Kalven Mathew Charles Lamb LaRouche criminal trials Law school of Berytus Albert Levitt Marcel Lihau Malkin Tower Marshalsea Menominee Tribe v. United States New Zealand nationality law Nuremberg trials Ole Miss riot of 1962 Ordinances of 1311 Palsgraf v. Long Island Railroad Co. Pendle witches Pepper (Inspector of Taxes) v Hart Regents of the University of California v. Bakke John Rolph Rosewood massacre Royal baccarat scandal Wiley Rutledge Samlesbury witches Death of Mark Saunders Henry W. Sawyer Saxbe fix Antonin Scalia Schmerber v. California Sega v. Accolade Elliott Fitch Shepard Shostakovich v. Twentieth Century-Fox Film Corp. Smith Act trials of Communist Party leaders Addie Viola Smith Melford Stevenson Stonewall riots William Howard Taft Throffer Tichborne case To Kill a Mockingbird Treaty of Lutatius Treaty of Guînes United States v. Kagama United States v. Lara United States v. Progressive, Inc. United States v. Washington United States v. Wong Kim Ark A Vindication of the Rights of Men Voting Rights Act of 1965 Washington v. Texas Featured lists Chief Justice of the Common Pleas List of County Court venues in England and Wales High courts of India List of politicians, lawyers, and civil servants educated at Jesus College, Oxford List of United States Supreme Court justices by time in office List of Washington (state) ballot measures List of attorneys general of West Virginia List of chief justices of India List of former county courts in Wales List of justices of the Supreme Court of Canada Master of the Rolls National Trails System List of presidents of India Sakharov Prize Timeline of Brexit Did you know? articles 501(h) election 1794 Treason Trials New Jersey's 1927 biannual elections proposal 1953 Show trial of the Kraków Curia US–UK Mutual Defence Agreement 1963 Danish land laws referendum 1990 Serbian constitutional referendum 1991 Sino-Soviet Border Agreement 1993 amendments to the Constitution of Malaysia 2001 Botswana judicial reform referendum 2005 Armenian constitutional referendum 2011 Malawian Air Fouling Legislation 2012 Oregon Ballot Measure 80 2014 California Proposition 47 2014 District of Columbia Attorney General election 2020 Hong Kong national security law 2022 British barristers' industrial action 2022 Ohio Issue 1 AGRIF Aboriginal Legal Service of Western Australia Aboriginal title statutes in the Thirteen Colonies Aboriginal title in the United States Aboriginal title Aboriginal title in California Aboriginal title in New Mexico Aboriginal title in New York Aboriginal title in the Marshall Court Aboriginal title in the Taney Court Abortion in Africa Abortion in Northern Cyprus Abraham Lincoln's patent Abuse defense Accessibility for Ontarians with Disabilities Act, 2005 Accessibility of the Metropolitan Transportation Authority Accurate News and Information Act Act of Independence of Central America Act of Independence of Lithuania Ángela Acuña Braun Administrative detention Administrative law in China Administrative law in Singapore Adobe Systems, Inc. v. 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New Mexico Arlington County Board v. Richards William Honyman, Lord Armadale James Dillon Armstrong Robert P. Armstrong William Armstrong (Virginia politician) Arnett v. Kennedy Carl Jacob Arnholm Arson in royal dockyards Article 9 of the Constitution of Singapore Article 12 of the Constitution of Singapore Article 14 of the Constitution of Singapore Article 15 of the Constitution of Singapore Ashcroft v. Iqbal Ashford v Thornton Ashokan Edicts in Delhi Asia Bibi blasphemy case Assa Singh v Menteri Besar of Johore Assembly Members (Reduction of Numbers) Act (Northern Ireland) 2016 Assize of Bread and Ale Associated Press v. Meltwater U.S. Holdings, Inc. 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Stephen Barnett Amy Coney Barrett Supreme Court nomination Henry Barron (judge) John Vincent Barry Bartley-Fox Law Baseball Rule Basque witch trials Bhicoo Batlivala Batman's Treaty Batman v. Commissioner Baxter v. United States Bayev and Others v. Russia Walker Keith Baylor Bayonne Statute Hugh Beadle Beard v. Banks Adolf Beck case Beck v. Eiland-Hall Bedding ceremony Beerhouse Act 1830 Fathima Beevi Befehlsnotstand Begging (Prohibition) Act, 1962 Begum v Home Secretary Beijing Treaty on Audiovisual Performances Beilin–Abu Mazen agreement Bell v. Cone Daniel Bellemare Belzer v. Bollea Benelux Court of Justice Cora Agnes Benneson Benson Commission Bensusan Restaurant Corp. v. King Benzie County Courthouse Berghuis v. Thompkins Bergregal Jessica Berman Donald N. Bersoff The Best American Magazine Writing 2007 Best Bakery case William Beverley Beyond the First Amendment Rana Bhagwandas Bierut Decree Big Apple Pothole and Sidewalk Protection Committee Bigby v. 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Southeast Alaska Conservation Council Barry Cohen (attorney) Morris L. Cohen Coleman v. Schwarzenegger Collaborative practice agreement College Network, Inc. v. Moore Educational Publishers, Inc. The Color of Law Coloured vote constitutional crisis Columbia Journal of Environmental Law Columbia Pictures Industries, Inc. v. Fung Dan Jack Combs Sara Walter Combs Commission Directive 91/71/EEC Commissioner of Taxation v La Rosa Common land Commonwealth Edison Co. v. Montana Commonwealth v. Dent Communications Workers of America v. Beck Communist crimes (Polish legal concept) Community court Community design Compagnie Francaise de Navigation a Vapeur v. Louisiana Board of Health Comparative hearing Competency evaluation (law) Comptroller of the Treasury of Maryland v. Wynne CompuServe Inc. v. Cyber Promotions, Inc. 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