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 Exchequer of Pleas, or Court of Exchequer, was a court that dealt with matters of equity, a set of legal principles based on natural law and common law in England and Wales. Originally part of the curia regis, or King's Council, the Exchequer of Pleas split from the curia in the 1190s to sit as an independent central court. The Court of Chancery's reputation for tardiness and expense resulted in much of its business transferring to the Exchequer. The Exchequer and Chancery, with similar jurisdictions, drew closer together over the years until an argument was made during the 19th century that having two seemingly identical courts was unnecessary. As a result, the Exchequer lost its equity jurisdiction. With the Judicature Acts, the Exchequer was formally dissolved as a judicial body by an Order in Council on 16 December 1880. The Exchequer's jurisdiction at various times was common law, equity or both. Initially a court of both common law and equity, it lost much of its common law jurisdiction after the formation of the Court of Common Pleas. From then on, it concerned itself with equitable matters and those common law matters that it had discretion to try, such as actions brought against Exchequer officials and actions brought by the monarch against non-paying debtors. (Full article...) Selected biography George Morison Robertson (February 26, 1821 – March 12, 1867) was an early politician and judge in the Kingdom of Hawaii. Born in Scotland, he settled in Hawaii in 1844 during the whaling era. During his career in Hawaii, he served in many political and judicial posts including circuit judge and police court judge, member of the Board of Commissioners to Quiet Land Titles, a multiple-term representative in the Hawaiian legislature, Speaker of the House of Representatives, Associate Justice of the Supreme Court of Hawaii and Minister of the Interior. (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 Defective Premises Act 1972 (c. 35) is an act of the Parliament of the United Kingdom that covers landlords' and builders' liability for poorly constructed and poorly maintained buildings, along with any injuries that may result. During the 19th century, the common law principle that a landlord could not be liable for letting a poorly maintained house was established, while a long-running principle was that, in practice, builders could not be sued for constructing defective buildings. The courts began to turn against the first principle during the 20th century, imposing several restrictions on the landlord's immunity, but the landlord was still largely free from being sued. The Defective Premises Bill was introduced to the House of Commons as a private member's bill by Ivor Richard on 1 December 1971, and given the royal assent on 29 June 1972, coming into force as the Defective Premises Act 1972 on 1 January 1974. The act establishes a duty of care builders and their sub-contractors owe to the occupiers of property they construct or modify, and also establishes a duty of care landlords hold towards their tenants and any third parties who might be injured by their failure to maintain or repair property. The act received a mixed reaction from critics; while some complimented it on its simple nature compared to the previously complex common rule laws, others felt that it was too limited for what was desired to be achieved, and that the wording used was at times both too vague and too specific. (Full article...) Did you know... ... that the Lauterpacht Centre for International Law was named after its founder Sir Elihu Lauterpacht and his father Sir Hersch Lauterpacht? ... that Guido Jung was dismissed from the Royal Italian Army after the enactment of the Italian Racial Laws despite having served as Minister of Finance under Mussolini? ... that in the Bancoult litigation, the English courts and government first decided that the Chagossians could return home (pictured), then that they couldn't, then that they could, and then that they couldn't? ... that the tenor Alfred Vökt, who performed in the premiere of Henze's Il re cervo, had a Doctor of Law degree? ... that the General Alliance against Racism and for Respect for French and Christian Identity sued Le Figaro for defamation against Catholics? ... that martial law was declared in Russell County, Alabama in 1954 after the assassination of Attorney General candidate Albert Patterson? ... that the year and a day rule regarding homicide was abolished because of advances in medicine and forensic science? Selected images The first Supreme Court of Puerto Rico King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash Jeremy Bentham's writings influenced law for generations. Statue of Lady Justice holding scales Justices of the Supreme Court of the United States as of October 2020 Painting of a jury deliberating The Constitution of India Legal systems of the world Jawaharlal Nehru at the Allahabad High Court The defendants sitting in the dock during the Nuremberg Trials Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' Signing of the Magna Carta The Langdell Library of Harvard Law School Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. 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...) R v Secretary of State for Foreign and Commonwealth Affairs, ex parte Bancoult (No 2) [2008] UKHL 61 is a UK constitutional law case in the House of Lords concerning the removal of the Chagos Islanders and the exercise of the Royal Prerogative. The Chagos Islands, acquired by the United Kingdom in 1814, were reorganised as the British Indian Ocean Territory (BIOT) in 1965 for the purpose of removing its inhabitants. Under a 1971 ordinance, the Chagossians were forcibly removed, and the central island of Diego Garcia leased to the United States for use as a military outpost. In 2000, Olivier Bancoult brought a judicial review claim against the Secretary of State for Foreign and Commonwealth Affairs for the initial ordinance which led to the Chagossian removal. Bancoult sought a writ of certiorari on the grounds that the ordinance was ultra vires ("beyond power" – that is, that the ordinance had been made without legal authority), a claim upheld by both the Divisional Court and the Court of Appeal. In response, Robin Cook, the Foreign Secretary, repealed the 1971 ordinance and announced he would not appeal against the decision, allowing the Chagossians to return home. In 2004, an Order in Council, the British Indian Ocean Territory (Constitution) Order 2004, was produced, again reinstating the off-limits nature of the Chagos Islands. Bancoult brought a second case, arguing that this Order was again ultra vires and unreasonable, and that the British government had violated legitimate expectation by passing the second Order after giving the impression that the Chagossians were free to return home. The new Order was again struck down by the Divisional Court and Court of Appeal before proceeding to the House of Lords where it was heard by Lords Hoffmann, Bingham, Rodger, Carswell and Mance between 30 June and 3 July 2008. In their judgment, issued on 22 October 2008, the Lords decided by a 3–2 majority to uphold the new Order in Council, stating that it was valid and, although judicial review actions could look at Orders in Council, the national security and foreign relations issues in the case barred them from doing so. In addition, Cook's statement had not been clear and unambiguous enough to provide legitimate expectation. (Full article...) More Did you know (auto-generated) ... that a guerrilla garden established atop an abandoned railroad in Long Island City became legally recognized by the MTA? ... that Ward v. Flood was the legal basis for racially segregated education in California? ... that the BK inequality was used to identify implausibly lucky Florida Lottery winners, whose involvement in illegal activities was later confirmed by investigations? ... that in 2009, residents of Maine voted to repeal a law that would have legalized same-sex marriage? ... that West Virginia lawyer Arthur G. Froe served as D.C. Recorder of Deeds under three presidents and was appointed by President Wilson as a draft board legal advisor during World War I? ... that after a legal tussle, a mural commemorating Halim Dener was declared to be an artwork? 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. King John of England signs the Magna Carta (from Legal history) Aristotle, by Francesco Hayez (from Jurisprudence) Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence) Plato (left) and Aristotle (right), a detail of The School of Athens (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) Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law) Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence) Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence) Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary) Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence) Mill believed law should create happiness. (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) Corpus Iuris Civilis, 1607 (from Judiciary) Gratian (from Judiciary) Topics Quality content Extended content This is a list of recognized content, updated weekly by JL-Bot (talk · contribs) (typically on Saturdays). There is no need to edit the list yourself. If an article is missing from the list, make sure it is tagged (e.g. {{WikiProject Law}}) or categorized correctly and wait for the next update. See WP:RECOG for configuration options. 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. 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