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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

Photograph of an Inn.

The Inns of Chancery or Hospida Cancellarie were a group of buildings and legal institutions in London initially attached to the Inns of Court and used as offices for the clerks of chancery, from which they drew their name. Existing from at least 1344, the Inns gradually changed their purpose, and became both the offices and accommodation for solicitors (as the Inns of Court were to barristers) and a place of initial training for barristers.

The practice of training barristers at the Inns of Chancery had died out by 1642, and the Inns instead became dedicated associations and offices for solicitors. With the founding of the Society of Gentleman Practisers in 1739 and the Law Society of England and Wales in 1825, a single unified professional association for solicitors, the purpose of the Inns died out, and after a long period of decline the last one (Clement's Inn) was sold in 1903 and demolished in 1934. (Full article...)

Selected biography

Portrait

Charles Abbott, 1st Baron Tenterden PC (7 October 1762 – 4 November 1832), was a British barrister and judge who served as Lord Chief Justice of the King's Bench between 1818 and 1832. Born in obscure circumstances to a barber and his wife in Canterbury, Abbott was educated initially at a dame school before moving to The King's School, Canterbury in 1769. He was noted as an excellent student, receiving an exhibition scholarship from the school in March 1781, when he matriculated at Corpus Christi College, Oxford. Here he was elected a fellow, and also served as a tutor to the son of Sir Francis Buller, which first made him consider becoming a barrister. He joined the Middle Temple in 1787, transferring to the Inner Temple in 1793, and was called to the Bar by the Inner Temple in 1796. Abbott was noted as an excellent barrister, earning more than any other during his time at the Bar, despite being considered unimaginative and a poor speaker. He was offered a position as a Justice of the Court of Common Pleas in 1808, which he turned down; he accepted the same offer in 1816, receiving the customary knighthood and being appointed a Serjeant-at-Law.

Three months after he started sitting as a judge he was transferred to the Court of King's Bench, where he was initially rather poor, being unfamiliar with the court's business. Within two years he showed "the highest judicial excellence", and when Lord Ellenborough had a stroke in 1818, Abbott was chosen to replace him as Lord Chief Justice. His reign at the head of the Court of King's Bench saw the court flourish, with strong justices and his own much-admired abilities. He was appointed to the peerage in 1827, sitting as Charles Abbott, 1st Baron Tenterden, and initially attended the House of Lords regularly. His opposition to the Reform Act 1832, which he claimed treated city corporations "with absolute contempt", led to his refusal to attend the Lords. Continuing to sit as Lord Chief Justice, Abbott gradually grew weaker, and finally fell ill halfway through a two-day trial. His disease baffled doctors, and he died on 4 November 1832 at his home in Queen Square, London. (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.[better source needed] Statutes may originate with the legislative body of a country, state or province, county, or municipality. (Full article...)


Painting of a heavyset royal.

The Statute of Uses (27 Hen. 8. c. 10 — enacted in 1536) was an Act of the Parliament of England that restricted the application of uses in English property law. The Statute ended the practice of creating uses in real property by changing the purely equitable title of beneficiaries of a use into absolute ownership with the right of seisin (possession).

The Statute was conceived by Henry VIII of England as a way to rectify his financial problems by simplifying the law of uses, which moved land outside the royal tax revenue (i.e., through royal fees called feudal incidents), traditionally imposed through seisin. At the time, land could not be passed by a will, and when it devolved to the heir upon death was subject to taxes. Hence, the practice evolved of landowners creating a use of the land to enable it to pass to someone other than their legal heir upon their death, or simply to try and reduce the incidence of taxation. (Full article...)

Did you know...

Image of a courthouse.

  • ... that English gynaecologist Margaret Puxon, who started studying law to prevent boredom while on maternity leave, eventually became a barrister?

Selected images

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...)


A map of the Phelps and Gorham purchase

Seneca Nation of Indians v. Christy, 162 U.S. 283 (1896), was the first litigation of aboriginal title in the United States by a tribal plaintiff in the Supreme Court of the United States since Cherokee Nation v. Georgia (1831). It was the first such litigation by an indigenous plaintiff since Fellows v. Blacksmith (1857) and its companion case of New York ex rel. Cutler v. Dibble (1858). The New York courts held that the 1788 Phelps and Gorham Purchase did not violate the Nonintercourse Act, one of the provisions of which prohibits purchases of Indian lands without the approval of the federal government, and that (even if it did) the Seneca Nation of New York was barred by the state statute of limitations from challenging the transfer of title. The U.S. Supreme Court declined to review the merits of lower court ruling because of the adequate and independent state grounds doctrine.

According to O'Toole and Tureen, "Christy is an important case in that it revived the concept that states had special powers to deal with Indian tribes within their borders."

Although the case has not been formally overruled, two Supreme Court decisions in the 1970s and 1980s have undone its effect by ruling that there is federal subject-matter jurisdiction for a federal common law cause of action for recovering possession based on the common-law doctrine of aboriginal title. Moreover, the New York courts' interpretation of the Nonintercourse Act is no longer good law. Modern federal courts hold that only Congress can ratify a conveyance of aboriginal title, and only with a clear statement, rather than implicitly. (Full article...)

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