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 Bill of Middlesex was a legal fiction used by the Court of King's Bench to gain jurisdiction over cases traditionally in the remit of the Court of Common Pleas. Hinging on the King's Bench's remaining criminal jurisdiction over the county of Middlesex, the Bill allowed it to take cases traditionally in the remit of other common law courts by claiming that the defendant had committed trespass in Middlesex. Once the defendant was in custody, the trespass complaint would be quietly dropped and other complaints (such as debt or detinue) would be substituted. The bill was part of a large reform movement to prevent equitable courts such as the Court of Chancery from undermining their business. It was far cheaper and faster than the older equivalents used by the Chancery and Common Pleas, leading to a drop in their business and an increase in that of the King's Bench. As such, the Chancery issued injunctions in an ineffective attempt to prevent its use. The bill was finally abolished by the Uniformity of Process Act 1832 (2 & 3 Will. 4. c. 39). As a result of reforming actions such as the Bill of Middlesex, the Common Pleas became increasingly conservative and resistant to King's Bench changes because of the impact they had on the business of the Common Pleas. This was best emphasised by Slade's Case, a struggle between the old and new forms of suing for breach of contract; although an equilibrium between the common law courts was finally reached, it eventually led to their dissolution with the Supreme Court of Judicature Act 1873, and merger into a single High Court of Justice. (Full article...) Selected biography William Norman Birkett, 1st Baron Birkett, PC (6 September 1883 – 10 February 1962), was a British barrister, judge, politician and preacher who served as the deputy British judge during the Nuremberg Trials. Birkett received his education at Barrow-in-Furness Higher Grade School. He was a Methodist preacher and a draper before attending Emmanuel College, Cambridge, in 1907, to study theology, history and law. Upon graduating in 1910 he worked as a secretary and was called to the Bar in 1913. Declared medically unfit for military service during World War I, Birkett used the time to make up for his late entry into the legal profession and was appointed a King's Counsel in 1924. He became a criminal defence lawyer and acted as counsel in a number of famous cases including the second of the Brighton trunk murders. A member of the Liberal Party, he sat in Parliament for Nottingham East twice, first in 1923 and again in 1929. Despite refusing appointment to the High Court of Justice in 1928, he was offered the position again in 1941 and accepted, joining the King's Bench Division. In 1945 he served as the alternate British judge at the Nuremberg trials, and he was made a privy counsellor in 1947. He joined the Court of Appeal in 1950 but retired in 1956 when he had served for long enough to draw a pension. From 1958 he served in the House of Lords, and his speech against a private bill in 1962 (the Bill sought to convert the Cumbrian lake Ullswater into a reservoir) saw it defeated by 70 votes to 36, two days before he died on 10 February 1962. (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 Obscene Publications Act 1959 (7 & 8 Eliz. 2. c. 66) is an Act of Parliament of the United Kingdom Parliament that significantly reformed the law related to obscenity in England and Wales. Prior to the passage of the Act, the law on publishing obscene materials was governed by the common law case of R v Hicklin, which had no exceptions for artistic merit or the public good. During the 1950s, the Society of Authors formed a committee to recommend reform of the existing law, submitting a draft bill to the Home Office in February 1955. After several failed attempts to push a bill through Parliament, a committee finally succeeded in creating a viable bill, which was introduced to Parliament by Roy Jenkins and given royal assent on 29 July 1959, coming into force on 29 August 1959 as the Obscene Publications Act 1959. With the committee consisting of both censors and reformers, the actual reform of the law was limited, with several extensions to police powers included in the final version. The Act created a new offence for publishing obscene material, repealing the common law offence of obscene libel which was previously used, and also allows Justices of the Peace to issue warrants allowing the police to seize such materials. At the same time it creates two defences; firstly, the defence of innocent dissemination, and secondly the defence of public good. The Act has been used in several high-profile cases, such as the trials of Penguin Books for publishing Lady Chatterley's Lover and Oz for the Schoolkids OZ issue. (Full article...) Did you know... ... that The Urban Lawyer is the largest circulating government law journal in the world? ... that prior to the Recreational Charities Act 1958, the English courts refused to accept any charities involving recreational activities as valid? ... that, according to a US Supreme Court decision, the Fourth Amendment does not always apply to searches at the border? ... that their loss in Watson v British Boxing Board of Control forced the British Boxing Board of Control to move to Wales? ... that the professors of the law school of Beirut drafted parts of the Corpus Juris Civilis, a fundamental work in Roman jurisprudence? ... that John Verney became a Member of Parliament to gain contacts to help him in his career as a barrister? ... that the Bartley-Fox Law mandated a one-year prison sentence for anyone convicted of illegally carrying a firearm in Massachusetts? Selected images Jawaharlal Nehru at the Allahabad High Court Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' The Langdell Library of Harvard Law School Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. Jeremy Bentham's writings influenced law for generations. The first Supreme Court of Puerto Rico Statue of Lady Justice holding scales A courtroom in Tokyo, Japan The Constitution of India Legal systems of the world The defendants sitting in the dock during the Nuremberg Trials King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash Painting of a jury deliberating Justices of the Supreme Court of the United States as of October 2020 Signing of the Magna Carta 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...) R v Hopley (more commonly known as the Eastbourne manslaughter) was an 1860 legal case in Eastbourne, Sussex, England. The case concerned the death of 15-year-old Reginald Cancellor (some sources give his name as Chancellor and his age as 13 or 14) at the hands of his teacher, Thomas Hopley. Hopley used corporal punishment with the stated intention of overcoming what he perceived as stubbornness on Cancellor's part, but instead beat the boy to death. An inquest into Cancellor's death began when his brother requested an autopsy. As a result of the inquest Hopley was arrested and charged with manslaughter. He was found guilty at trial and sentenced to four years in prison, although he insisted that his actions were justifiable and that he was not guilty of any crime. The trial was sensationalised by the Victorian press and incited debate over the use of corporal punishment in schools. After Hopley's release and subsequent divorce trial, he largely disappeared from the public record. The case became an important legal precedent in the United Kingdom for discussions of corporal punishment in schools and reasonable limits on discipline. (Full article...) More Did you know (auto-generated) ... that New Zealand activist Pania Newton gave up a legal career to become an activist and spokesperson for the preservation of her ancestral lands at Ihumātao? ... that the Bitcoin Law would make El Salvador the first country to recognize bitcoin as legal tender? ... that The Hidden Case of Ewan Forbes discusses the history of transgender man Ewan Forbes and his 1968 legal case to inherit his family's baronetcy that was silenced from public records? ... that the Israeli song "HaSela haAdom", about illegal trips to Petra, was banned in Israel? ... that the Campanha da Legalidade was a mobilization led by Governor Leonel Brizola to guarantee the inauguration of João Goulart as the 24th president of Brazil? ... that Patricia Mancilla pushed to have restrictions on abortion in Bolivia expunged from the legal code – even after leaders in her own party came out against it? 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. Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence) Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence) Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary) 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) Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence) Aristotle, by Francesco Hayez (from Jurisprudence) Mill believed law should create happiness. (from Jurisprudence) Thomas Aquinas was the most influential Western medieval legal scholar. (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) Plato (left) and Aristotle (right), a detail of The School of Athens (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) King John of England signs the Magna Carta (from Legal history) Corpus Iuris Civilis, 1607 (from Judiciary) Topics Quality content Extended content Featured articles New Jersey's 1927 biannual elections proposal US–UK Mutual Defence Agreement 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 Ordinances of 1311 Palsgraf v. Long Island Railroad Co. 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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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