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 Nuisance in English law is an area of tort law broadly divided into two torts; private nuisance, where the actions of the defendant are "causing a substantial and unreasonable interference with a [claimant]'s land or his/her use or enjoyment of that land", and public nuisance, where the defendant's actions "materially affects the reasonable comfort and convenience of life of a class of His Majesty's subjects"; public nuisance is also a crime. Both torts have been present from the time of Henry III, being affected by a variety of philosophical shifts through the years which saw them become first looser and then far more stringent and less protecting of an individual's rights. Each tort requires the claimant to prove that the defendant's actions caused interference, which was unreasonable, and in some situations the intention of the defendant may also be taken into account. A significant difference is that private nuisance does not allow a claimant to claim for any personal injury suffered, while public nuisance does. Private nuisance has received a range of criticism, with academics arguing that its concepts are poorly defined and open to judicial manipulation; Conor Gearty has written that "Private nuisance has, if anything, become even more confused and confusing. Its chapter lies neglected in the standard works, little changed over the years, its modest message overwhelmed by the excitements to be found elsewhere in tort. Any sense of direction which may have existed in the old days is long gone". In addition, it has been claimed that the tort of private nuisance has "lost its separate identity as a strict liability tort and been assimilated in all but name into the fault-based tort of negligence", and that private and public nuisance "have little in common except the accident of sharing the same name". (Full article...) Selected biography Mohandas Karamchand Gandhi (ISO: Mōhanadāsa Karamacaṁda Gāṁdhī; 2 October 1869 – 30 January 1948) was an Indian lawyer, anti-colonial nationalist and political ethicist who employed nonviolent resistance to lead the successful campaign for India's independence from British rule. He inspired movements for civil rights and freedom across the world. The honorific Mahātmā (from Sanskrit 'great-souled, venerable'), first applied to him in South Africa in 1914, is now used throughout the world. Born and raised in a Hindu family in coastal Gujarat, Gandhi trained in the law at the Inner Temple in London and was called to the bar in June 1891, at the age of 22. After two uncertain years in India, where he was unable to start a successful law practice, Gandhi moved to South Africa in 1893 to represent an Indian merchant in a lawsuit. He went on to live in South Africa for 21 years. There, Gandhi raised a family and first employed nonviolent resistance in a campaign for civil rights. In 1915, aged 45, he returned to India and soon set about organising peasants, farmers, and urban labourers to protest against discrimination and excessive land-tax. (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 English Poor Laws were a system of poor relief in England and Wales that developed out of the codification of late-medieval and Tudor-era laws in 1587–1598. The system continued until the modern welfare state emerged after the Second World War. English Poor Law legislation can be traced back as far as 1536, when legislation was passed to deal with the impotent poor, although there were much earlier Plantagenet laws dealing with the problems caused by vagrants and beggars. The history of the Poor Law in England and Wales is usually divided between two statutes: the Old Poor Law passed during the reign of Elizabeth I (1558–1603) and the New Poor Law, passed in 1834, which significantly modified the system of poor relief. The New Poor Law altered the system from one which was administered haphazardly at a local parish level to a highly centralised system which encouraged the large-scale development of workhouses by poor law unions. (Full article...) Did you know... ... that other than the Second World War, there has never been a declaration of war by Canada? ... that, in the cases of Klayman v. Obama and ACLU v. Clapper, US district courts issued conflicting rulings on the constitutionality of bulk data collection by the US government? ... that part of the Occupiers' Liability Act 1984, a piece of United Kingdom legislation on tort law, is intended to permit educational and recreational use of land? ... that banking regulations in Russia include significant specifics, such as mandatory deposits placed in special reserve accounts at the Russian Central Bank? ... that the 501(h) election allows many U.S. non-profit organizations to engage in unlimited lobbying as long as they do it cheaply? ... that the Autism Act 2009 is the first ever disability-specific legislation to be passed in the United Kingdom? ... that in 2011, Nitehawk Cinema successfully lobbied to overturn a Prohibition-era liquor law that prevented movie theaters in New York from serving alcohol? Selected images Jeremy Bentham's writings influenced law for generations. The defendants sitting in the dock during the Nuremberg Trials The first Supreme Court of Puerto Rico 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 Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' The Constitution of India King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash Signing of the Magna Carta A courtroom in Tokyo, Japan Justices of the Supreme Court of the United States as of October 2020 Legal systems of the world Statue of Lady Justice holding scales The Langdell Library of Harvard Law School 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...) Thomas Bonham v College of Physicians, commonly known as Dr. Bonham's Case or simply Bonham's Case, was a case decided in 1610 by the Court of Common Pleas in England, under Sir Edward Coke, the court's Chief Justice, in which it was ruled that Dr. Bonham had been wrongfully imprisoned by the College of Physicians for practising medicine without a licence. Dr. Bonham's attorneys had argued that imprisonment was reserved for malpractice not illicit practice, with Coke agreeing in the majority opinion. The case is notable because Coke argued in the decision's rationale that "in many cases, the common law will control Acts of Parliament", the act of parliament in question being the "College of Physicians Act 1553" which gave the college the right to imprison. The meaning of this phrase has been disputed over the years. According to one interpretation, Coke intended the kind of judicial review that would later develop in the United States, but other scholars believe that Coke meant only to construe a statute, not to challenge parliamentary sovereignty. If Coke intended the former, he may have later changed his view. The statement by Coke is sometimes considered to be an obiter dictum (a statement made 'by the way'), rather than part of the ratio decidendi (rationale for the decision) of the case. After an initial period during which Coke's controversial view enjoyed some support but no statutes were declared void, Bonham's Case was thrown aside as a precedent, in favour of the growing doctrine of parliamentary sovereignty. William Blackstone, one of the most prominent supporters of the doctrine, argued that Parliament is the sovereign lawmaker, preventing the common law courts from throwing aside or reviewing statutes in the fashion that Coke had suggested. Parliamentary sovereignty is now the accepted judicial doctrine in the legal system of England and Wales. (Full article...) More Did you know (auto-generated) ... that red-boxing by American politicians is used to coordinate with Super PACs, an activity that the Campaign Legal Center called the "primary mechanism for corruption of federal campaigns in 2022"? ... that the presence of illegal colleges in Saumlaki was compared to "mushrooms growing in the rainy season"? ... that Brazilian computer science researcher and internet pioneer Tadao Takahashi negotiated with drug lords to install internet equipment in his country? ... that in 2012, a "stylish but illegal monkey" was seen wandering a Toronto-area IKEA? ... that a complaint over an allegedly illegal transmitter move led to Texas radio station KFQX-FM being forced off the air for four hours in 1988? ... that Freedom of Religion South Africa filed an unsuccessful lawsuit to keep child spanking legal? 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. Aristotle, by Francesco Hayez (from Jurisprudence) Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law) Gratian (from Judiciary) Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence) Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence) Mill believed law should create happiness. (from Jurisprudence) Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence) King John of England signs the Magna Carta (from Legal history) Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence) Corpus Iuris Civilis, 1607 (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) 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) Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (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 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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