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 Inns of Chancery or Hospida Cancellarie were a group of buildings and legal institutions in London initially attached to the Inns of Court and used as offices for the clerks of chancery, from which they drew their name. Existing from at least 1344, the Inns gradually changed their purpose, and became both the offices and accommodation for solicitors (as the Inns of Court were to barristers) and a place of initial training for barristers. The practice of training barristers at the Inns of Chancery had died out by 1642, and the Inns instead became dedicated associations and offices for solicitors. With the founding of the Society of Gentleman Practisers in 1739 and the Law Society of England and Wales in 1825, a single unified professional association for solicitors, the purpose of the Inns died out, and after a long period of decline the last one (Clement's Inn) was sold in 1903 and demolished in 1934. (Full article...) Selected biography Sir Nicholas Fuller (1543 – 23 February 1620) was an English barrister and Member of Parliament. After studying at Christ's College, Cambridge, Fuller became a barrister of Gray's Inn. His legal career there began prosperously—he was employed by the Privy Council to examine witnesses—but was hampered later by his representation of the Puritans, a religious tendency which did not conform with the established Church of England. Fuller was repeatedly in contention with the ecclesiastical courts, including the Star Chamber and Court of High Commission, and was once expelled for the zeal with which he defended his client. In 1593 he was returned as the Member of Parliament for St Mawes, where he campaigned against the extension of recusancy laws. Outside of Parliament, he successfully brought a patents case which not only undermined the right of the Crown to issue patents but accurately predicted the attitude taken by the Statute of Monopolies two decades later. Returned to Parliament in 1604 for the City of London, Fuller became considered the "leader of the opposition" due to his conflict with the government over policy, fighting the impositions on currants, the patent on blue starch, and opposing the proposed union with Scotland on legal and economic grounds. In 1607, in what became known as Fuller's Case, he again began challenging the Court of High Commission, and eventually got the Court of Common Pleas under Sir Edward Coke to agree that the common law courts had the power to free imprisoned ecclesiastical prisoners. These encounters with the ecclesiastical courts were described as "bruising", but by 1610 he was considered an "elder statesman", introducing bills on ecclesiastical reform and the statutory management of customs duties. He continued to sit in Parliament until his death on 23 February 1620. (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 Arbitration Act 1979 (c. 42) was an Act of the Parliament of the United Kingdom that reformed arbitration law in England and Wales. Prior to 1979, arbitration law was based on the Arbitration Act 1950, which allowed use of the "case stated" procedure and other methods of judicial intervention, which marked English arbitration law as significantly different from that of other jurisdictions. The prior law significantly increased the cost and time required for arbitration, which made England an unpopular jurisdiction to conduct such negotiations in. As a result, while London maintained its traditional position as a centre for arbitration in insurance, admiralty and commodities trading, it failed to attract more modern forms of trade. Following pressure from industry groups, the Lord Chancellor introduced the Arbitration Bill into Parliament, having it passed hours before the dissolution of James Callaghan's government. It was given royal assent on 4 April 1979, and commenced working on 1 August 1979. The act completely abolished the "case stated" procedure and other forms of judicial interference, replacing it with a limited system of appeal to the High Court of Justice and Court of Appeal of England and Wales; it also allowed for exclusion agreements limiting the rights of parties to arbitration to appeal to the courts, and gave arbitrators the ability to enforce interlocutory orders. Academics met the Act with a mixed response; while some praised it for bringing English law more into line with that of other nations, others criticised the wording used as unnecessarily complex and hazy. The Act did, in the eyes of some commentators, lead to a shift in judicial policy away from legal certainty and towards a system focused on speed and finality. Having been repealed in its entirety by Section 107(2) of the Arbitration Act 1996, the Act is no longer in force. (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 Statue of Lady Justice holding scales Painting of a jury deliberating Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. Legal systems of the world The Constitution of India Jeremy Bentham's writings influenced law for generations. Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash The Langdell Library of Harvard Law School Justices of the Supreme Court of the United States as of October 2020 The defendants sitting in the dock during the Nuremberg Trials Signing of the Magna Carta The first Supreme Court of Puerto Rico Jawaharlal Nehru at the Allahabad High Court 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...) Dietrich v The Queen is a 1992 High Court of Australia constitutional case which established that a person accused of serious criminal charges must be granted an adjournment until appropriate legal representation is provided if they are unrepresented through no fault of their own and proceeding would result in the trial being unfair. Until the 5–2 opinion of Dietrich v The Queen, it was customary for those unable to afford legal representation to be forced to represent themselves at trial, even when facing serious criminal charges. Previous High Court rulings found representation preferable but not a requisite for a fair trial. The case originated in the County Court of Victoria, where Olaf Dietrich, later known as Hugo Rich, had been convicted of importing a trafficable quantity of heroin. Prior to trial, Dietrich had applied for legal assistance through several avenues, all of which were rejected. The Victorian Court of Criminal Appeal rejected the appeal and the matter was escalated to the High Court of Australia. Counsel for Dietrich applied for appeal on one ground; Dietrich's lack of legal representation meant the trial in the County Court of Victoria was quashed and a new trial ordered. (Full article...) More Did you know (auto-generated) ... that Leopoldo Salazar Viniegra laid the foundation for the Reglamento Federal de Toxicomanias, which legalized psychoactive substances in Mexico in 1940? ... that The Outdoor Circle opposed a 2009 visit to Hawaii by the Wienermobile, believing its presence in the state was illegal? ... that the legalization of abortion in Benin was supported by two members of the cabinet who had both worked as gynecologists? ... that red-boxing by American politicians is used to coordinate with Super PACs, an activity that the Campaign Legal Center called the "primary mechanism for corruption of federal campaigns in 2022"? ... that police officers had to be flown in by helicopter to seize hundreds of thousands of dollars' worth of cannabis plants found growing illegally in Jerrawangala National Park? ... that no one laughed at the worst joke in legal history? 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. Mill believed law should create happiness. (from Jurisprudence) Thomas Aquinas was the most influential Western medieval legal scholar. (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) Gratian (from Judiciary) Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence) 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) Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence) King John of England signs the Magna Carta (from Legal history) Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence) Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law) Corpus Iuris Civilis, 1607 (from Judiciary) Aristotle, by Francesco Hayez (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. 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