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 To Kill a Mockingbird is a novel by the American author Harper Lee. It was published in June 1960 and became instantly successful. In the United States, it is widely read in high schools and middle schools. To Kill a Mockingbird has become a classic of modern American literature; a year after its release, it won the Pulitzer Prize. The plot and characters are loosely based on Lee's observations of her family, her neighbors and an event that occurred near her hometown of Monroeville, Alabama, in 1936, when she was ten. Despite dealing with the serious issues of rape and racial inequality, the novel is renowned for its warmth and humor. Atticus Finch, the narrator's father, has served as a moral hero for many readers and as a model of integrity for lawyers. The historian Joseph Crespino explains, "In the twentieth century, To Kill a Mockingbird is probably the most widely read book dealing with race in America, and its main character, Atticus Finch, the most enduring fictional image of racial heroism." As a Southern Gothic novel and Bildungsroman, the primary themes of To Kill a Mockingbird involve racial injustice and the destruction of innocence. Scholars have noted that Lee also addresses issues of class, courage, compassion, and gender roles in the Deep South. Lessons from the book emphasize tolerance and decry prejudice. Despite its themes, To Kill a Mockingbird has been subject to campaigns for removal from public classrooms, often challenged for its use of racial epithets. In 2006, British librarians ranked the book ahead of the Bible as one "every adult should read before they die". (Full article...) Selected biography Sir William Garrow PC KC FRS (13 April 1760 – 24 September 1840) was an English barrister, politician and judge known for his indirect reform of the advocacy system, which helped usher in the adversarial court system used in most common law nations today. He introduced the phrase "presumed innocent until proven guilty", insisting that defendants' accusers and their evidence be thoroughly tested in court. Born to a priest and his wife in Monken Hadley, then in Middlesex, Garrow was educated at his father's school in the village before being apprenticed to Thomas Southouse, an attorney in Cheapside, which preceded a pupillage with Mr. Crompton, a special pleader. A dedicated student of the law, Garrow frequently observed cases at the Old Bailey; as a result Crompton recommended that he become a solicitor or barrister. Garrow joined Lincoln's Inn in November 1778, and was called to the Bar on 27 November 1783. He quickly established himself as a criminal defence counsel, and in February 1793 was made a King's Counsel by HM Government to prosecute cases involving treason and felonies. He was elected to Parliament in 1805 for Gatton, a rotten borough, and became Solicitor General for England in 1812 and Attorney General for England a year later. Although not happy in Parliament, having been returned only for political purposes, Garrow acted as one of the principal Whig spokesmen trying to stop criminal law reform as campaigned for by Samuel Romilly and also attempted to pass legislation to condemn animal cruelty. In 1817, he was made a Baron of the Exchequer and a Serjeant-at-Law, forcing his resignation from Parliament, and he spent the next 15 years as a judge. He was not particularly successful in the commercial cases the Exchequer specialised in, but when on Assize, used his criminal law knowledge from his years at the Bar to great effect. On his resignation in 1832 he was made a Privy Councillor, a sign of the respect HM Government had for him. He died on 24 September 1840. (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 Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 articles and three annexes, the Basic Law was composed to implement Annex I of the 1984 Sino-British Joint Declaration. The Basic Law was enacted under the Constitution of China when it was adopted by the National People's Congress on 4 April 1990 and came into effect on 1 July 1997 after the handover of Hong Kong. It replaced Hong Kong's colonial constitution of the Letters Patent and the Royal Instructions. (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 Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' The Constitution of India Signing of the Magna Carta Statue of Lady Justice holding scales Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash The defendants sitting in the dock during the Nuremberg Trials A courtroom in Tokyo, Japan The first Supreme Court of Puerto Rico Painting of a jury deliberating Legal systems of the world Justices of the Supreme Court of the United States as of October 2020 Jawaharlal Nehru at the Allahabad High Court Jeremy Bentham's writings influenced law for generations. The Langdell Library of Harvard Law School 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...) Pepper (Inspector of Taxes) v Hart [1992] UKHL 3, is a landmark decision of the House of Lords on the use of legislative history in statutory interpretation. The court established the principle that when primary legislation is ambiguous then, in certain circumstances, the court may refer to statements made in the House of Commons or House of Lords in an attempt to interpret the meaning of the legislation. Before this ruling, such an action would have been seen as a breach of parliamentary privilege. John Hart and nine others were teachers at Malvern College who benefited from a "concessionary fee" scheme that allowed their children to be educated at the college for one-fifth of the normal fees. The Inland Revenue attempted to tax this benefit based on the Finance Act 1976. There was a dispute over the correct interpretation of the Act. The Special Commissioners charged with assessing the tax found in favour of Hart, but both the High Court of Justice and Court of Appeal of England and Wales found in favour of the Inland Revenue. The case then went to the House of Lords, which, making use of statements in Parliament as recorded in Hansard, found in favour of Hart. Lord Mackay, dissenting, argued that Hansard should not be considered admissible evidence because of the time and expense involved in a lawyer having to look up every debate and discussion on a particular statute when giving legal advice or preparing a case. (Full article...) More Did you know (auto-generated) ... that an animal rendering and recycling plant dumped illegal amounts of ammonia, phosphorus, and fecal bacteria into the Transquaking River? ... that Freedom of Religion South Africa filed an unsuccessful lawsuit to keep child spanking legal? ... that William E. Woods took three same-sex couples to fill out marriage licenses in 1990, beginning a series of events that would lead to the legalization of same-sex marriage in the United States? ... that Brazilian computer science researcher and internet pioneer Tadao Takahashi negotiated with drug lords to install internet equipment in his country? ... that legal activist Carrie Campbell Severino, who co-authored a book about Brett Kavanaugh's Supreme Court nomination, was once a law clerk for Justice Clarence Thomas? ... that the release of Lee Hyori's album It's Hyorish had to be moved forward after several tracks were illegally leaked? 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. 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) Mill believed law should create happiness. (from Jurisprudence) Corpus Iuris Civilis, 1607 (from Judiciary) Thomas Aquinas was the most influential Western medieval legal scholar. (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) Oliver Wendell Holmes was a self-styled legal realist. (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) Aristotle, by Francesco Hayez (from Jurisprudence) Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence) King John of England signs the Magna Carta (from Legal history) Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence) Gratian (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. 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