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 Wife selling in England was a way of ending an unsatisfactory marriage that probably began in the late 17th century, when divorce was a practical impossibility for all but the very wealthiest. After parading his wife with a halter around her neck, arm, or waist, a husband would publicly auction her to the highest bidder. Wife selling provides the backdrop for Thomas Hardy's 1886 novel The Mayor of Casterbridge, in which the central character sells his wife at the beginning of the story, an act that haunts him for the rest of his life, and ultimately destroys him. Although the custom had no basis in law and frequently resulted in prosecution, particularly from the mid-19th century onwards, the attitude of the authorities was equivocal. At least one early 19th-century magistrate is on record as stating that he did not believe he had the right to prevent wife sales, and there were cases of local Poor Law Commissioners forcing husbands to sell their wives, rather than having to maintain the family in workhouses. Wife selling persisted in England in some form until the early 20th century; according to the jurist and historian James Bryce, writing in 1901, wife sales were still occasionally taking place during his time. In one of the last reported instances of a wife sale in England, a woman giving evidence in a Leeds police court in 1913 claimed that she had been sold to one of her husband's workmates for £1. (Full article...) Selected biography William Murray, 1st Earl of Mansfield, PC (2 March 1705 – 20 March 1793) was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was a member of the Scottish Clan Murray and was educated in Perth, Scotland before moving to London at the age of 13 to take up a place at Westminster School. He was accepted into Christ Church, Oxford, in May 1723, and graduated four years later. Returning to London from Oxford, he was called to the Bar by Lincoln's Inn on 23 November 1730, and quickly gained a reputation as an excellent barrister. He became involved in politics in 1742, beginning with his election as a Member of Parliament for Boroughbridge, now in North Yorkshire, and appointment as Solicitor General. In the absence of a strong Attorney General, he became the main spokesman for the government in the House of Commons, and was noted for his "great powers of eloquence" and described as "beyond comparison the best speaker" in the House of Commons. With the promotion of Sir Dudley Ryder to Lord Chief Justice in 1754, he became Attorney General and, when Ryder unexpectedly died several months later, he took his place as Chief Justice. As the most powerful British jurist of the century, Mansfield's decisions reflected the Age of Enlightenment and moved the country onto the path to abolishing slavery. He advanced commercial law in ways that helped establish the nation as world leader in industry, finance and trade; modernised both English law and the English courts system; rationalized the system for submitting motions, and reformed the way judgments were delivered to reduce expense for the parties. For his work in Carter v Boehm and Pillans v Van Mierop, he has been called the founder of English commercial law. He is perhaps now best known for his judgment in Somersett's Case (1772) where he held that slavery had no basis in common law and had never been established by positive law (legislation) in England, and therefore was not binding in law. This judgement did not, however, outlaw the slave trade. However, historians note that Mansfield's ruling in the Somersett case only made it illegal to transport a slave out of England against his will, and did not comment on the institution of slavery itself. (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 Supply of Goods (Implied Terms) Act 1973 (c. 13) was an act of the Parliament of the United Kingdom that provided implied terms in contracts for the supply of goods and for hire-purchase agreements, and limited the use of exclusion clauses. The result of a joint report by the England and Wales Law Commission and the Scottish Law Commission, First Report on Exemption Clauses, the Act was granted royal assent on 18 April 1973 and came into force a month later. It met with a mixed reaction from academics, who praised the additional protection it offered while at the same time questioning whether it was enough; several aspects of the Act's draftsmanship and implementation were also called into question. Much of the Act was repealed by the Sale of Goods Act 1979, which included many of the 1973 Act's provisions. (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 defendants sitting in the dock during the Nuremberg Trials Signing of the Magna Carta Jeremy Bentham's writings influenced law for generations. Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' A courtroom in Tokyo, Japan Statue of Lady Justice holding scales Jawaharlal Nehru at the Allahabad High Court King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash The Langdell Library of Harvard Law School Legal systems of the world Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. Justices of the Supreme Court of the United States as of October 2020 The first Supreme Court of Puerto Rico The Constitution of India Painting of a jury deliberating 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...) Al-Kateb v Godwin, was a decision of the High Court of Australia, which ruled on 6 August 2004 that the indefinite detention of a stateless person was lawful. The case concerned Ahmed Al-Kateb, a Palestinian man born in Kuwait, who moved to Australia in 2000 and applied for a temporary protection visa. The Commonwealth Minister for Immigration's decision to refuse the application was upheld by the Refugee Review Tribunal and the Federal Court. In 2002, Al-Kateb declared that he wished to return to Kuwait or Gaza. However, since no country would accept Al-Kateb, he was declared stateless and detained under the policy of mandatory detention. The two main issues considered by the High Court were whether the Migration Act 1958 (the legislation governing immigration to Australia) permitted a person in Al-Kateb's situation to be detained indefinitely, and if so, whether this was permissible under the Constitution of Australia. A majority of the court decided that the Act did allow indefinite detention, and that the Act was not unconstitutional. The controversy surrounding the outcome of the case resulted in a review of the circumstances of twenty-four stateless people in immigration detention. Al-Kateb and 8 other stateless people were granted bridging visas in 2005 and while this meant they were released from detention, they were unable to work, study or obtain various government benefits. Al-Kateb was granted a permanent visa in October 2007. (Full article...) More Did you know (auto-generated) ... that until a 1982 legal decision, women were not permitted to stand at the bar at El Vino in London? ... that Latin legal maxims like casum sentit dominus have been described as "guardians of eternity [...] more lasting than codifications"? ... that the UFC's Dana White said that EliteXC: Heat was "fucking illegal" over allegations of fight tampering in the main event involving Kimbo Slice? ... 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 The Outdoor Circle opposed a 2009 visit to Hawaii by the Wienermobile, believing its presence in the state was illegal? ... that the Israeli song "HaSela haAdom", about illegal trips to Petra, was banned in Israel? 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. 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) Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary) Aristotle, by Francesco Hayez (from Jurisprudence) Thomas Aquinas was the most influential Western medieval legal scholar. (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) King John of England signs the Magna Carta (from Legal history) Gratian (from Judiciary) Corpus Iuris Civilis, 1607 (from Judiciary) Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence) Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence) Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence) Bentham's utilitarian theories remained dominant in law until the twentieth century. (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. 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