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 modern system of county courts in England and Wales was established by the County Courts Act 1846. The Act created 491 courts on 60 circuits; of these, 53 courts were in Wales and Monmouthshire (a Welsh county that had ambiguous status at the time and was sometimes treated as being in England). Since then, new courts have been opened in various locations, and 80 towns and cities in Wales have, or have had, county courts. As of 2012, there are 20 county courts in Wales. The courts in the other 60 locations have closed. Reasons for closure have included a decision that it was "inexpedient" to continue to provide a court, the volume of business no longer justifying a court, or the state of the building housing the court. The first closure was Fishguard, in 1856; the most recent closures are the county courts in Aberdare and Pontypool, which closed on 1 August 2011. Selected biography Ioan Constantin Filitti (Romanian pronunciation: [iˈo̯aŋ konstanˈtin fiˈliti]; first name also Ion; Francized Jean C. Filitti; May 8, 1879 – September 21, 1945) was a Romanian historian, diplomat and conservative theorist, best remembered for his contribution to social history, legal history, genealogy and heraldry. A member of the Conservative Party and an assistant of its senior leader Titu Maiorescu, he had aristocratic (boyar) origins and an elitist perspective. Among his diverse contributions, several focus on 19th-century modernization under the Regulamentul Organic regime, during which Romania was ruled upon by the Russian Empire. As a historian, Filitti is noted for his perfectionism, and for constantly revising his own works. I. C. Filitti had an auspicious debut in diplomacy and politics, but his career was mired in controversy. A "Germanophile" by the start of World War I, he secretly opposed the pact between Romania and the Entente Powers, and opted to stay behind in German-occupied territory. He fell into disgrace for serving the collaborationist Lupu Kostaki as Prefect and head of the National Theater, although he eventually managed to overturn his death sentence for treason. Filitti became a recluse, focusing on his scholarship and press polemics, but was allowed to serve on the Legislative Council after 1926. In his political tracts, written well after the Conservative Party's demise, I. C. Filitti preserves the orthodox conservative principles of Maiorescu. His attachment to boyar tradition was expanded into a critique of centralized government, etatism and Romanian liberalism. Toward the end of his life, he supported the dictatorial regime known as National Renaissance Front. (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 Arbitration Act 1979 (c. 42) was an Act of the Parliament of the United Kingdom that reformed arbitration law in England and Wales. Prior to 1979, arbitration law was based on the Arbitration Act 1950, which allowed use of the "case stated" procedure and other methods of judicial intervention, which marked English arbitration law as significantly different from that of other jurisdictions. The prior law significantly increased the cost and time required for arbitration, which made England an unpopular jurisdiction to conduct such negotiations in. As a result, while London maintained its traditional position as a centre for arbitration in insurance, admiralty and commodities trading, it failed to attract more modern forms of trade. Following pressure from industry groups, the Lord Chancellor introduced the Arbitration Bill into Parliament, having it passed hours before the dissolution of James Callaghan's government. It was given royal assent on 4 April 1979, and commenced working on 1 August 1979. The act completely abolished the "case stated" procedure and other forms of judicial interference, replacing it with a limited system of appeal to the High Court of Justice and Court of Appeal of England and Wales; it also allowed for exclusion agreements limiting the rights of parties to arbitration to appeal to the courts, and gave arbitrators the ability to enforce interlocutory orders. Academics met the Act with a mixed response; while some praised it for bringing English law more into line with that of other nations, others criticised the wording used as unnecessarily complex and hazy. The Act did, in the eyes of some commentators, lead to a shift in judicial policy away from legal certainty and towards a system focused on speed and finality. Having been repealed in its entirety by Section 107(2) of the Arbitration Act 1996, the Act is no longer in force. (Full article...) Did you know... ... that the Digital Switchover (Disclosure of Information) Act 2007 allows social security information to be passed to the BBC? ... that after the crash of United Airlines Flight 297 in 1962, the Federal Aviation Administration created new regulations that required airplanes to better withstand bird strikes? ... that in Re A (conjoined twins) an English court permitted the separation of two conjoined twins knowing that one would die? ... that although Elizabeth Richards Tilton (pictured) was a central figure in a six-month-long trial, she was never allowed to speak in court? ... that under modern principles of vicarious liability in English law, employers are answerable for the intentional wrongdoings of their employees? ... that although John Fortescue listed ten Inns of Chancery, only nine are known? ... that oppositionist delegates to the Philippine Constitutional Convention of 1971 were among the first to be arrested when Ferdinand Marcos declared martial law in the Philippines? Selected images Statue of Lady Justice holding scales The Constitution of India Signing of the Magna Carta The first Supreme Court of Puerto Rico Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' The defendants sitting in the dock during the Nuremberg Trials Legal systems of the world Justices of the Supreme Court of the United States as of October 2020 A courtroom in Tokyo, Japan Jawaharlal Nehru at the Allahabad High Court Painting of a jury deliberating Jeremy Bentham's writings influenced law for generations. King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash 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...) The Tichborne case was a legal cause célèbre that captivated Victorian England in the 1860s and 1870s. It concerned the claims by a man sometimes referred to as Thomas Castro or as Arthur Orton, but usually termed "the Claimant", to be the missing heir to the Tichborne baronetcy. He failed to convince the courts, was convicted of perjury and served a long prison sentence. Roger Tichborne, heir to the family's title and fortunes, was presumed to have died in a shipwreck in 1854 at age 25. His mother clung to a belief that he might have survived, and after hearing rumours that he had made his way to Australia, she advertised extensively in Australian newspapers, offering a reward for information. In 1866, a Wagga Wagga butcher known as Thomas Castro came forward claiming to be Roger Tichborne. Although his manners and bearing were unrefined, he gathered support and travelled to England. He was instantly accepted by Lady Tichborne as her son, although other family members were dismissive and sought to expose him as an impostor. During protracted enquiries before the case went to court in 1871, details emerged suggesting that the Claimant might be Arthur Orton, a butcher's son from Wapping in London, who had gone to sea as a boy and had last been heard of in Australia. After a civil court had rejected the Claimant's case, he was charged with perjury; while awaiting trial he campaigned throughout the country to gain popular support. In 1874, a criminal court jury decided that he was not Roger Tichborne and declared him to be Arthur Orton. Before passing a sentence of 14 years, the judge condemned the behaviour of the Claimant's counsel, Edward Kenealy, who was subsequently disbarred because of his conduct. (Full article...) More Did you know (auto-generated) ... that The Outdoor Circle opposed a 2009 visit to Hawaii by the Wienermobile, believing its presence in the state was illegal? ... that a 1982 court case established that video games may qualify for multiple types of U.S. copyright protection? ... that a complaint over an allegedly illegal transmitter move led to Texas radio station KFQX-FM being forced off the air for four hours in 1988? ... that a recent Jersey court case found that the usage of an ancient Norman Clameur de Haro, which includes a recitation of the Lord's Prayer in French to legally apply an injunction, was used incorrectly? ... that Fort Hampton was constructed by the United States Army to warn Americans to leave and keep them from illegally settling in Chickasaw territory? ... that a number of bus drivers who participated in a strike were unaware that it was illegally held? 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. Aristotle, by Francesco Hayez (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) Mill believed law should create happiness. (from Jurisprudence) King John of England signs the Magna Carta (from Legal history) Corpus Iuris Civilis, 1607 (from Judiciary) Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence) Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence) Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law) Oliver Wendell Holmes was a self-styled legal realist. (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) Gratian (from Judiciary) Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary) Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence) Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence) 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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Douds American Geophysical Union v. Texaco, Inc. American Taxpayer Relief Act of 2012 Americold Realty Trust v. ConAgra Foods, Inc. Herman Vandenburg Ames Amethyst Initiative Amsterdam sex crimes case An Analysis of the Laws of England An act to regulate the time and manner of administering certain oaths Anarchist Exclusion Act Jeanson James Ancheta Ancillary copyright for press publishers Andean Trade Promotion and Drug Eradication Act Johannes Andenæs Amabel Anderson Arnold David Anderson (judge) Eugene Anderson Joel Anderson Anderson v. Mt. Clemens Pottery Co. Andrew Ang Joseph Kinnicutt Angell Anita Krajnc case Annual Bulletin (Comparative Law Bureau) Anti-Counterfeiting Trade Agreement Anti-homelessness legislation Anti-Superstition and Black Magic Act Anti-defection law (India) Antoine v. Washington Inkeri Anttila Reginald Appleby Appraisal rights Arbitration Act 1979 Mirtha Arce Deborah Archer Archuleta v. Hedrick Argentine quota law Arista Records LLC v. 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Stephen Barnett Amy Coney Barrett Supreme Court nomination Henry Barron (judge) John Vincent Barry Bartley-Fox Law Baseball Rule Basque witch trials Batman's Treaty Batman v. Commissioner Baxter v. United States Bayev and Others v. Russia Walker Keith Baylor Bayonne Statute Hugh Beadle Beard v. Banks Adolf Beck case Beck v. Eiland-Hall Bedding ceremony Beerhouse Act 1830 Fathima Beevi Befehlsnotstand Begging (Prohibition) Act, 1962 Begum v Home Secretary Beijing Treaty on Audiovisual Performances Beilin–Abu Mazen agreement Bell v. Cone Daniel Bellemare Belzer v. Bollea Benelux Court of Justice Cora Agnes Benneson Benson Commission Bensusan Restaurant Corp. v. King Berghuis v. Thompkins Bergregal Jessica Berman Donald N. Bersoff The Best American Magazine Writing 2007 Best Bakery case William Beverley Beyond the First Amendment Rana Bhagwandas Bierut Decree Big Apple Pothole and Sidewalk Protection Committee Bigby v. Dretke Harry Bigelow Bill Graham Archives v. Dorling Kindersley, Ltd. 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Bridgewater Lorentz Brinch 2011 British privacy injunctions controversy Broccoli mandate Treaty of Bromberg Bronfman kidnapping Bronston v. United States Janine Brookner Bropho v Western Australia Brown Dog affair Raymond A. Brown Brown v. Hotel and Restaurant Employees Brown v. Entertainment Merchants Association Brown v. Maryland John Edward Brownlee sex scandal Buchwald v. Paramount Buckeye Check Cashing, Inc. v. Cardegna Budget Control Act of 2011 Bug River property Dagmar Burešová Jon Burge Burgos trials Burning of women in England Daniel Higford Davall Burr Burton v. United States By-elections in Singapore Byelaws in the United Kingdom Peter Bynoe Byron v. 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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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