The Law Portal
Law is a system of rules created and enforced through 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 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 serves as a mediator of relations between people.
Legal systems vary between countries, 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 make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Historically, religious law influenced secular matters, and is still used 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.
Law's scope can be divided into two domains. Public law concerns government and society, including constitutional law, administrative law, and criminal law. Private law deals with legal disputes between individuals and/or organisations 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.
Law provides a source of scholarly inquiry into legal history, philosophy, economic analysis and sociology. Law also raises important and complex issues concerning equality, fairness, and justice. (Full article...)
The Ministry of Justice of the Union of Soviet Socialist Republics (USSR) (Russian: Министерство юстиции СССР, Ministerstvo Yustitsii SSSR), formed on 15 March 1946, was one of the most important government offices in the Soviet Union. It was formerly (until 1946) known as the People's Commissariat for Justice (Russian: Народный комиссариат юстиции, Narodniy Komissariat Yustitsi'i) abbreviated as Наркомюст (Narkomiust). The Ministry, at the All-Union (USSR-wide) level, was established on 6 July 1923, after the signing of the Treaty on the Creation of the USSR, and was in turn based upon the People's Commissariat for Justice of the Russian Soviet Federative Socialist Republic (RSFSR) formed in 1917. The Ministry was led by the Minister of Justice, prior to 1946 a Commissar, who was nominated by the Chairman of the Council of Ministers and confirmed by the Presidium of the Supreme Soviet, and was a member of the Council of Ministers.
The Ministry of Justice was responsible for courts, prisons, and probations. Further responsibilities included criminal justice policy, sentencing policy, and prevention of re-offending in the USSR. The Ministry was organised into All-Union and Union departments. The All-Union level ministries were divided into separate organisations in the Republican, Autonomous Oblast, and provincial level. The leadership of the Ministry of Justice came from notable Soviet law organisations from around the country. (Full article...) (more...)
Warren Grant "Maggie" Magnuson (April 12, 1905 – May 20, 1989) was an American lawyer and politician. A member of the 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. (more...)
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. (Full article...)
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Following is an example of a noted statute or comparable written law:
The Canadian Charter of Rights and Freedoms (French: La Charte canadienne des droits et libertés), often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the Act.
The Charter was preceded by the Canadian Bill of Rights, enacted in 1960, which was only a federal statute rather than a constitutional document. As a federal statute, the Bill could be amended through the ordinary legislative process and had no application to provincial laws. The Supreme Court of Canada also narrowly interpreted the Bill of Rights, showing reluctance to declare laws inoperative. The relative ineffectiveness of the Canadian Bill of Rights motivated many to improve rights protections in Canada. The movement for human rights and freedoms that emerged after World War II also wanted to entrench the principles enunciated in the Universal Declaration of Human Rights. The British Parliament formally enacted the Charter as a part of the Canada Act 1982 at the request of the Parliament of Canada in 1982, the result of the efforts of the government of Prime Minister Pierre Trudeau.
The Charter greatly expanded the scope of judicial review, because the Charter is more explicit with respect to the guarantee of rights and the role of judges in enforcing them than was the Bill of Rights. The courts, when confronted with violations of Charter rights, have struck down unconstitutional federal and provincial statutes and regulations or parts of statutes and regulations, as they did when Canadian case law was primarily concerned with resolving issues of federalism. The Charter, however, granted new powers to the courts to enforce remedies that are more creative and to exclude more evidence in trials. These powers are greater than what was typical under the common law and under a system of government that, influenced by Canada's parent country the United Kingdom, was based upon Parliamentary supremacy. As a result, the Charter has attracted both broad support from a majority of the Canadian electorate and criticisms by opponents of increased judicial power. The Charter only applies to government laws and actions (including the laws and actions of federal, provincial, and municipal governments and public school boards), and sometimes to the common law, not to private activity. (Full article...) (more...)
Did you know...
- ... that the non-payment of debts is the archetype for the seventeen other Hindu titles of law, including that of sexual crimes against women?
- ... that Peter Rosted served as chief judge at Norway's Inderøy District Court for 46 years, from 1733 to 1776?
Case law is the collection of past legal decisions written by courts and similar tribunals in the course of deciding cases, in which the law was analyzed using these cases to resolve ambiguities for deciding current cases. 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. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law.
In common law countries (including the United Kingdom, United States, Canada, Australia and New Zealand), the term case law is a near-exact synonym for common law. It is used for judicial decisions of selected appellate courts, courts of first instance, agency tribunals, and other bodies discharging adjudicatory functions. (Full article...)
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For examples of noted cases, see Lists of case law. Following is one example of such a noted case:
Motte v Faulkner (decided 28 November 1735) was a copyright lawsuit between Benjamin Motte and George Faulkner over who had the legal rights to publish the works of Jonathan Swift in London. This trial was one of the first to test the Statute of Anne copyright law in regards to Irish publishing independence. Although neither held the copyright to all of Swift's works, the suit became a legal struggle over Irish rights, which were eventually denied by the English courts. Faulkner, in 1735, published the Works of Jonathan Swift in Dublin. However, a few of the works were under Motte's copyright within the Kingdom of Great Britain, and when Faulkner sought to sell his book in London, Motte issued a formal complaint to Jonathan Swift and then proceeded to sue Faulkner. An injunction was issued in Motte's favor, and the book was prohibited from being sold on British soil. The basis of the law protected the rights of the author, and not the publisher, of the works, and Swift was unwilling to support a lawsuit against Faulkner. With Swift's reaction used as a basis, the lawsuit was later seen as a struggle between the rights of Irishmen to print material that were denied under English law. (Full article...) (more...)