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 Saxbe fix (/ˈsæksbiː/ SAKS-bee), or salary rollback, is a mechanism by which the president of the United States, in appointing a current or former member of the United States Congress whose elected term has not yet expired, can avoid the restriction of the United States Constitution's Ineligibility Clause. That clause prohibits the president from appointing a current or former member of Congress to a civil office position that was created, or to a civil office position for which the pay or benefits (collectively, "emoluments") were increased, during the term for which that member was elected until the term has expired. The rollback, first implemented by an Act of Congress in 1909, reverts the emoluments of the office to the amount they were when that member began his or her elected term. To prevent ethical conflicts, James Madison proposed language at the Constitutional Convention that was adopted as the Ineligibility Clause after debate and modification by other Founding Fathers. Historically, a number of approaches have been taken to circumvent or adhere to the restrictions; these have included choosing another nominee, allowing the desired nominee's elected term of office to expire, ignoring the clause entirely, or reducing the offending emoluments to the level prior to when the nominee took office. Although Congress passed the mechanism reducing emoluments in 1909, the procedure was named "Saxbe fix" after Senator William Saxbe, who was confirmed as attorney general in 1973 after Congress reduced the office's salary to the level it had been before Saxbe's term commenced. The Saxbe fix has subsequently become relevant as a successful—though not universally accepted—solution for appointments by presidents of both parties of sitting members of the United States Congress to the United States Cabinet. Members of Congress have been appointed to federal judgeships without any fix being enacted; court challenges to such appointments have failed. (Full article...) Selected biography Sir Matthew Hale SL (1 November 1609 – 25 December 1676) was an influential English barrister, judge and jurist most noted for his treatise Historia Placitorum Coronæ, or The History of the Pleas of the Crown. (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 Laws of the Twelve Tables (Latin: lex duodecim tabularum) was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws. In the Forum, "The Twelve Tables" stated the rights and duties of the Roman citizen. Their formulation was the result of considerable agitation by the plebeian class, who had hitherto been excluded from the higher benefits of the Republic. The law had previously been unwritten and exclusively interpreted by upper-class priests, the pontifices. Something of the regard with which later Romans came to view the Twelve Tables is captured in the remark of Cicero (106–43 BC) that the "Twelve Tables...seems to me, assuredly to surpass the libraries of all the philosophers, both in weight of authority, and in plenitude of utility". Cicero scarcely exaggerated; the Twelve Tables formed the basis of Roman law for a thousand years. The Twelve Tables are sufficiently comprehensive that their substance has been described as a 'code', although modern scholars consider this characterization exaggerated. The Tables are a sequence of definitions of various private rights and procedures. They generally took for granted such things as the institutions of the family and various rituals for formal transactions. The provisions were often highly specific and diverse. (Full article...) Did you know... ... that English professor Alice D. Snyder helped lead the campaign that earned New York women the right to vote? ... that per a 2019 Supreme Court ruling, U.S. states are immune from private suits against them in courts of other states without their consent? ... that between 1970 and 1984 the WE Seal of approval program aided in an estimated US$100,000 in restitution being made to collectors of comics and other memorabilia victimized by mail fraud? ... that at oral argument in NIFLA v. Becerra, U.S. Supreme Court Justice Elena Kagan questioned whether a California law was "gerrymandered" in order to discriminate against crisis pregnancy centers? ... that the Constitution of the Kingdom of Poland of 1815, considered among the most liberal constitutions of its time, was increasingly disregarded by the Polish government, leading to the November Uprising of 1830? ... that the red dresses in Métis artist Jaime Black's REDress Project represent the missing and murdered Indigenous women of Canada and the USA? ... that after the death of Olaseni Lewis, who was restrained by 11 police officers, UK law was changed to require police to wear body cameras when dealing with vulnerable people? Selected images Signing of the Magna Carta Legal systems of the world The Constitution of India Jawaharlal Nehru at the Allahabad High Court A courtroom in Tokyo, Japan Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' Painting of a jury deliberating The Langdell Library of Harvard Law School Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. Jeremy Bentham's writings influenced law for generations. Statue of Lady Justice holding scales The defendants sitting in the dock during the Nuremberg Trials King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash Justices of the Supreme Court of the United States as of October 2020 The first Supreme Court of Puerto Rico 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...) Eng Foong Ho v Attorney-General was a 2009 judgment of the Court of Appeal of Singapore, on appeal from a 2008 decision of the High Court. The main issue raised by the case was whether the Collector of Land Revenue had treated the plaintiffs (later appellants), who were devotees of the Jin Long Si Temple, unequally by compulsorily acquiring for public purposes the land on which the temple stood but not the lands of a Hindu mission and a Christian church nearby. It was alleged that the authorities had acted in violation of Article 12(1) of the Constitution of the Republic of Singapore, which guarantees the rights to equality before the law and equal protection of the law. The High Court held that the plaintiffs lacked locus standi to bring the action as they were not the temple's legal owners. In any case, as there was evidence that the authorities had rational reasons for treating the temple property differently from the property of the Mission and the Church, the High Court found that there had been no breach of Article 12(1). Furthermore, the Court determined that the plaintiffs were guilty of inordinate delay in bringing the action. On appeal, this decision was upheld in part by the Court of Appeal. The Court of Appeal found that the plaintiffs (appellants) had locus standi to bring the action as they were members of a Buddhist association, for whose benefit the temple property was held by its trustees. In addition, the Court found that the plaintiffs had not been guilty of inordinate delay in commencing the suit. However, the Court agreed with the trial judge that the Collector had not acted in violation of Article 12(1). In determining this issue, the Court held that the test to be applied is "whether there is a reasonable nexus between the state action taken and the object of the law". Such a nexus will be absent if the action amounts to "intentional and arbitrary discrimination" or intentional systematic discrimination. It is insufficient if any inequality is due to "inadvertence or inefficiency", unless this occurs on a very substantial scale. In addition, inequalities arising from a reasonable administrative policy or which are mere errors of judgment are insufficient to constitute a violation of Article 12(1). (Full article...) More Did you know (auto-generated) ... that South African nurse Stella Madzimbamuto filed an appeal in 1968 with the Privy Council of the United Kingdom that resulted in the Rhodesian government being declared illegal? ... that according to one legal scholar, "no intelligent lawyer could well practice without" the books of Joseph Kinnicutt Angell? ... that the Campanha da Legalidade was a mobilization led by Governor Leonel Brizola to guarantee the inauguration of João Goulart as the 24th president of Brazil? ... 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 a U.S. Supreme Court case had "odd bedfellows"? ... 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? 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. Corpus Iuris Civilis, 1607 (from Judiciary) Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence) Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary) Aristotle, by Francesco Hayez (from Jurisprudence) Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence) King John of England signs the Magna Carta (from Legal history) Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence) Mill believed law should create happiness. (from Jurisprudence) Gratian (from Judiciary) 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) Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence) Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law) 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) 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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