Portal:Law

Portal topics: Activities; Culture; Geography; Health; History; Mathematics; Nature; People; Philosophy; Religion; Society; Technology; Random portal

The Law Portal

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...)

Refresh with new selections below (purge)

Selected article

The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common Pleas served as one of the central English courts for around 600 years. Authorised by Magna Carta to sit in a fixed location, the Common Pleas sat in Westminster Hall for its entire existence, joined by the Exchequer of Pleas and Court of King's Bench.

The court's jurisdiction was gradually undercut by the King's Bench and Exchequer of Pleas with legal fictions, the Bill of Middlesex and Writ of Quominus respectively. The Common Pleas maintained its exclusive jurisdiction over matters of real property until its dissolution, and due to its wide remit was considered by Sir Edward Coke to be the "lock and key of the common law". It was staffed by one Chief Justice and a varying number of puisne justices, who were required to be Serjeants-at-Law, and until the mid 19th century only Serjeants were allowed to plead there.

As one of the two principal common law courts with the King's Bench, the Common Pleas fought to maintain its jurisdiction and caseload, in a way that during the 16th and 17th centuries was categorised as conservative and reactionary. Reaching an acceptable medium with the King's Bench and Exchequer of Pleas proved to be the downfall of all three courts; with several courts of near-identical jurisdiction, there was little need for separate bodies, and the superior courts of Westminster were merged by the Supreme Court of Judicature Act 1873 (36 & 37 Vict. c. 66) into a single High Court of Justice. With an Order in Council issued on 16 December 1880, the Common Pleas Division of the High Court ceased to exist, marking the end of the Court of Common Pleas. (Full article...)

See all selected articles

Selected biography

Claud Schuster, 1st Baron Schuster, GCB, CVO, QC (22 August 1869 – 28 June 1956), was a British barrister and civil servant noted for his long tenure as Permanent Secretary to the Lord Chancellor's Office. Born to a Mancunian business family, Schuster was educated at St. George's School, Ascot and Winchester College before matriculating at New College, Oxford in 1888 to read history. After graduation, he joined the Inner Temple with the aim of becoming a barrister, and was called to the Bar in 1895. Practising in Liverpool, Schuster was not noted as a particularly successful barrister, and he joined Her Majesty's Civil Service in 1899 as secretary to the Chief Commissioner of the Local Government Act Commission.

After serving as secretary to several more commissions, he was made Permanent Secretary to the Lord Chancellor's Office in 1915. Schuster served in this position for 29 years under ten different Lord Chancellors, and with the contacts obtained thanks to his long tenure and his work outside the Office he became "one of the most influential Permanent Secretaries of the 20th century". His influence over decisions within the Lord Chancellor's Office and greater Civil Service led to criticism and suspicions that he was a "power behind the throne", which culminated in a verbal attack by the Lord Chief Justice Lord Hewart in 1934 during a session of the House of Lords. Schuster retired in 1944 and was elevated to the peerage. Despite being officially retired he continued to work in government circles, such as with the Allied Commission for Austria and by using his seat in the House of Lords as a way to directly criticise legislation. (Full article...)

See all selected biographies

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...)

The Limitation Act 1963 (c. 47) was an act of the Parliament of the United Kingdom that amended the statute of limitations to allow actions in some cases where the injured party had not discovered the injury until after the standard date of expiration. The Act was based on the report of the Davies Committee on Limitation of Actions in Cases of Personal Injury, created after the Court of Appeal decision in the case of Cartledge v Jopling, and the Committee notably produced their final report before Cartledge had been heard in the House of Lords. The draft bill was presented to Parliament on 6 May 1963; it was given the Royal Assent on 31 July and came into force on the same day.

The act allowed an injured party to bring a claim outside the normal statute of limitations period if he could show that he was not aware of the injuries himself until after the limitation period had expired and if he gained the permission of the court. After a series of problems emerged, including vagueness on a point even the House of Lords was unable to clarify and poor draftsmanship, the Act was repealed bit by bit during the 1970s, with the Limitation Act 1980 scrapping the last remaining sections. (Full article...)

More selected statutes

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?

More did you know facts

Selected images

Image 1Statue of Lady Justice holding scales
Image 2The defendants sitting in the dock during the Nuremberg Trials
Image 3Jeremy Bentham's writings influenced law for generations.
Image 4Legal systems of the world
Image 5Jawaharlal Nehru at the Allahabad High Court
Image 6King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash
Image 7Painting of a jury deliberating
Image 8The first Supreme Court of Puerto Rico
Image 9A courtroom in Tokyo, Japan
Image 10Justices of the Supreme Court of the United States as of October 2020
Image 11Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law'
Image 12The Langdell Library of Harvard Law School
Image 13Signing of the Magna Carta
Image 14Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis.
Image 15The Constitution of India

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 fascinated Victorian Britain 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 14-year 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 selected cases
See also: Lists of case law

More Did you know (auto-generated)

... that many of the traditional Lakota ceremonies performed at the Sitting Bull Crystal Cavern Dance Pavilion were still illegal under federal law during the show's first years?
... that variations of the Latin legal maxim ius civile vigilantibus scriptum est have been used by American, European and Lesotho courts?
... that British outrage at the sentencing of a white Kenyan settler to just two years' imprisonment for the 1923 killing of a black employee eventually led to the replacement of the colony's legal code?
... that police officers had to be flown in by helicopter to seize hundreds of thousands of dollars' worth of cannabis plants found growing illegally in Jerrawangala National Park?
... that before entering politics, Romina Pérez worked at the Center for Legal Studies and Social Research, which "became a 'nursery' for intellectual and political cadres of the Movement for Socialism"?
... that Episode 7921 of Neighbours featured Australia's first televised fictional same-sex wedding since the country voted in favour of legalising same-sex marriage?

Legal news

Wikinews Crime and law portal

Related portals

General images

The following are images from various law-related articles on Wikipedia.

Image 1Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence)
Image 2Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary)
Image 3Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence)
Image 4Corpus Iuris Civilis, 1607 (from Judiciary)
Image 5The 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 6Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence)
Image 7King John of England signs the Magna Carta (from Legal history)
Image 8Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law)
Image 9Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence)
Image 10The 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 11Gratian (from Judiciary)
Image 12Mill believed law should create happiness. (from Jurisprudence)
Image 13Aristotle, by Francesco Hayez (from Jurisprudence)
Image 14Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence)

Topics

Quality content

Extended content

This is a list of recognized content, updated weekly by JL-Bot (talk · contribs) (typically on Saturdays). There is no need to edit the list yourself. If an article is missing from the list, make sure it is tagged (e.g. {{WikiProject Law}}) or categorized correctly and wait for the next update. See WP:RECOG for configuration options.