Lady Justice , often used as a personification of the law, holding a sword in one hand and scales in the other.Law 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...
The Salt march Salt Satyagraha , Dandi March , and the Dandi Satyagraha , was an act of nonviolent civil disobedience in colonial India , led by Mahatma Gandhi . The 24-day march lasted from 12 March 1930 to 6 April 1930 as a direct action campaign of tax resistance and nonviolent protest against the British salt monopoly . Another reason for this march was that the Civil Disobedience Movement needed a strong inauguration that would inspire more people to follow Gandhi's example. Gandhi started this march with 78 of his trusted volunteers. The march spanned 387 kilometres (240 mi), from Sabarmati Ashram to Dandi , which was called Navsari at that time (now in the state of Gujarat). Growing numbers of Indians joined them along the way. When Gandhi broke the British Raj salt laws at 8:30 am on 6 April 1930, it sparked large-scale acts of civil disobedience against the salt laws by millions of Indians.
After making the salt by evaporation at Dandi, Gandhi continued southward along the coast, making salt and addressing meetings on the way. The Congress Party planned to stage a satyagraha at the Dharasana Salt Works, 40 km (25 mi) south of Dandi. However, Gandhi was arrested on the midnight of 4–5 May 1930, just days before the planned action at Dharasana. The Dandi March and the ensuing Dharasana Satyagraha drew worldwide attention to the Indian independence movement through extensive newspaper and newsreel coverage. The satyagraha against the salt tax continued for almost a year, ending with Gandhi's release from jail and negotiations with Viceroy Lord Irwin at the Second Round Table Conference . Although over 60,000 Indians were jailed as a result of the Salt Satyagraha, the British did not make immediate major concessions. (Full article...
Sir Nicholas Fuller 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 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...
A statute 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 .[better source needed Statutes may originate with the legislative body of a country, state or province, county, or municipality . (Full article...
The Defective Premises Act 1972 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...
... that, in the cases of Klayman v. Obama ACLU v. Clapper ... that in 2011, Nitehawk Cinema Prohibition -era liquor law that prevented movie theaters in New York from serving alcohol?
Case law 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...
Palsgraf v. Long Island Railroad Co. N.E. 99 (1928), is a leading case in American tort law on the question of liability to an unforeseeable plaintiff . The case was heard by the New York Court of Appeals , the highest state court in New York ; its opinion was written by Chief Judge Benjamin Cardozo , a leading figure in the development of American common law and later a United States Supreme Court justice.
The plaintiff, Helen Palsgraf, was waiting at a Long Island Rail Road station in August 1924 while taking her daughters to the beach. Two men attempted to board the train before hers; one (aided by railroad employees) dropped a package that exploded, causing a large coin-operated scale on the platform to hit her. After the incident, she began to stammer , and subsequently sued the railroad, arguing that its employees had been negligent while assisting the man, and that she had been harmed by the neglect. In May 1927 she obtained a jury verdict of $6,000, which the railroad appealed. Palsgraf gained a 3–2 decision in the Appellate Division , and the railroad appealed again. Cardozo wrote for a 4–3 majority of the Court of Appeals, ruling that there was no negligence because the employees, in helping the man board, did not have a duty of care to Palsgraf as injury to her was not a foreseeable harm from aiding a man with a package. The original jury verdict was overturned, and the railroad won the case.
A number of factors, including the bizarre facts and Cardozo's outstanding reputation, made the case prominent in the legal profession, and it remains so, taught to most if not all American law students in torts class. Cardozo's conception, that tort liability can only occur when a defendant breaches a duty of care the defendant owes to a plaintiff, causing the injury sued for, has been widely accepted in American law . In dealing with proximate cause , many states have taken the approach championed by the Court of Appeals' dissenter in Palsgraf , Judge William S. Andrews . (Full article...
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Image 1 Gratian (from
Judiciary )
Image 2 Philosophers of law ask "what is law, and what should it be?" (from
Jurisprudence )
Image 4 King John of England signs the Magna Carta (from
Legal history )
Image 5 Lady Justice (Latin:
Justicia ), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from
Judiciary )
Image 6 Corpus Iuris Civilis , 1607 (from
Judiciary )
Image 7 Thomas Aquinas was the most influential Western medieval legal scholar. (from
Jurisprudence )
Image 8 Image of pages from the
Decretum of
Burchard of Worms , an 11th-century book of canon law (from
Canon law )
Image 9 Oliver Wendell Holmes was a self-styled legal realist. (from
Jurisprudence )
Image 10 Bentham's utilitarian theories remained dominant in law until the twentieth century. (from
Jurisprudence )
Image 12 Mill believed law should create happiness. (from
Jurisprudence )
Image 13 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 )
Image 14 Plato (left) and
Aristotle (right), a detail of
The School of Athens (from
Jurisprudence )
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Texas John Watson (advocate) Watson v British Boxing Board of Control Watts and Betchart murder case Amy Wax Weapon Systems Acquisition Reform Act of 2009 Webster ruling Wednesbury unreasonableness in Singapore law Georges Weill Randi Weingarten Welsh Church (Amendment) Act 1938 Welsh Church (Burial Grounds) Act 1945 Welsh Church (Temporalities) Act 1919 West Indian Incumbered Estates Acts Westmoreland v. CBS Claude Weston Mark Wetjen Wheeler v JJ Saunders Ltd When a man argues against two beautiful ladies like this, they are going to have the last word Alexander White (Virginia politician) Christian Streit White Francis White (Virginia politician) John Baker White (West Virginia politician) John Baker White (clerk of court) Penny J. White Robert White (West Virginia state senator) Robert White (attorney general) Robert White (judge) White v Driver Reah Whitehead Widener University Commonwealth Law School Bambang Widjojanto Wieman v. Updegraff Wiggins v. Smith Wik Peoples v Queensland Elizabeth Wilkins Robert L. Wilkins Wilko v. Swan Will v. Michigan Department of State Police Willamette Law Review Willard v. Tayloe Wills Act 1963 Wine law Wingspread Conference on the Precautionary Principle Wisconsin Department of Revenue v. William Wrigley Jr. Co. Witch-hunt Witchcraft Suppression Act, 1957 Witches of Belvoir Witnesses and testimonies of the Armenian genocide Willem Witteveen Andrew Wodrow Wolk v. Kodak Imaging Network, Inc. Women's suffrage in film Walton J. Wood Woodroffe-Hedley v Cuthbertson Bonnie Woods Woodson Law Office Stanley Woodward (attorney) Wool Products Labeling Act Walter Woon 2015 Wootton Bassett rail incident World Courts of Women Wrangell Bombardment Julian M. Wright Writ of mandate (California) Francis Wythens Xiao Yang (judge) Yamagata–Lobanov Agreement Yasui v. United States Ye Htoon Year and a day rule Yong Pung How Young v. Facebook, Inc. Zacchini v. Scripps-Howard Broadcasting Co. Brian K. Zahra Joshua Soule Zimmerman Zivotofsky v. Clinton Samuel Zoll R v Zora An act to regulate the time and manner of administering certain oaths Ukrainian decommunization laws Koos van der Merwe Modesta Ávila İmralı prison
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