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 India's unitary judicial system is made up of the Supreme Court of India at the national level, for the entire country and the 24 High Courts at the State level. These courts have jurisdiction over a state, a union territory or a group of states and union territories. Below the High Courts are a hierarchy of subordinate courts such as the civil courts, family courts, criminal courts and various other district courts. High Courts are instituted as constitutional courts under Part VI, Chapter V, Article 214 of the Indian Constitution. The High Courts are the principal civil courts of original jurisdiction in the state along with District Courts which are subordinate to the High courts. However, High courts exercise their original civil and criminal jurisdiction only if the courts subordinate to the High court in the state are not competent (not authorized by law) to try such matters for lack of pecuniary, territorial jurisdiction. High courts may also enjoy original jurisdiction in certain matters if so designated specifically in a state or Federal law. e.g.: Company law cases are instituted only in a High court. Selected biography 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. Statutes may originate with the legislative body of a country, state or province, county, or municipality. (Full article...) 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... ... that the Franklin County Courthouse (pictured) incorporates the walls and columns left after Confederate forces burned the previous courthouse during the American Civil War? ... that a bipartisan commission was established by law in 2003 with the mandate to study prison rape in the United States? ... that T. Muthuswamy Iyer was the first Indian judge of the Madras High Court? ... that a grand jury found Arizona Territory's "Thieving Thirteenth" legislature exceeded a US$4,000 legal limitation for operating expenses by US$46,744.50? ... that English gynaecologist Margaret Puxon, who started studying law to prevent boredom while on maternity leave, eventually became a barrister? ... that the Stephen Downing case, also known as the Bakewell Tart murder, has been described as the longest miscarriage of justice in British legal history? ... that John B. Creeden was a founder of both Boston College Law School and Georgetown University's School of Foreign Service? Selected images The Constitution of India Statue of Lady Justice holding scales Jeremy Bentham's writings influenced law for generations. Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash The defendants sitting in the dock during the Nuremberg Trials The Langdell Library of Harvard Law School Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. Jawaharlal Nehru at the Allahabad High Court Painting of a jury deliberating Legal systems of the world Signing of the Magna Carta A courtroom in Tokyo, Japan The first Supreme Court of Puerto Rico Justices of the Supreme Court of the United States as of October 2020 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...) Palsgraf v. Long Island Railroad Co., 248 N.Y. 339, 162 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 breach any 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...) More Did you know (auto-generated) ... that in 2012, a "stylish but illegal monkey" was seen wandering a Toronto-area IKEA? ... that, before same-sex unions were legally recognised in the UK, the London Partnership Register allowed nearly 1,000 couples to celebrate their relationships? ... 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 according to one legal scholar, "no intelligent lawyer could well practice without" the books of Joseph Kinnicutt Angell? ... that an activist protested the use of Chinese characters for Taiwanese Indigenous names by changing her legal name to "Lee I want to exclusively list my tribal name, my Bunun tribal name is Savungaz Valincinan"? ... that American legal scholar John Hart Ely penned a law review article castigating the Supreme Court's decision in Roe v. Wade, despite being pro-choice? 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. King John of England signs the Magna Carta (from Legal history) Aristotle, by Francesco Hayez (from Jurisprudence) Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary) Corpus Iuris Civilis, 1607 (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) Mill believed law should create happiness. (from Jurisprudence) Thomas Aquinas was the most influential Western medieval legal scholar. (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) Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law) Gratian (from Judiciary) Oliver Wendell Holmes was a self-styled legal realist. (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) Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence) Topics Quality content Extended content Featured articles New Jersey's 1927 biannual elections proposal US–UK Mutual Defence Agreement Act of Accord Act of Independence of Lithuania Afroyim v. 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