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 Treaty of Deabolis (Greek: συνθήκη της Δεαβόλεως) was an agreement made in 1108 between Bohemond I of Antioch and Byzantine Emperor Alexios I Komnenos, in the wake of the First Crusade. It is named after the Byzantine fortress of Deabolis (modern Devol, Albania). Although the treaty was not immediately enforced, it was intended to make the Principality of Antioch a vassal state of the Byzantine Empire. At the beginning of the First Crusade, Crusader armies assembled at Constantinople and promised to return to the Byzantine Empire any land they might conquer. However, Bohemond, the son of Alexios' former enemy Robert Guiscard, claimed the Principality of Antioch for himself. Alexios did not recognize the legitimacy of the Principality, and Bohemond went to Europe looking for reinforcements. He launched into open warfare against Alexios, laying siege to Dyrrhachium, but he was soon forced to surrender and negotiate with Alexios at the imperial camp at Deabolis, where the Treaty was signed. Under the terms of the Treaty, Bohemond agreed to become a vassal of the Emperor and to defend the Empire whenever needed. He also accepted the appointment of a Greek Patriarch. In return, he was given the titles of sebastos and doux (duke) of Antioch, and he was guaranteed the right to pass on to his heirs the County of Edessa. Following this, Bohemond retreated to Apulia and died there. His nephew, Tancred, who was regent in Antioch, refused to accept the terms of the Treaty. Antioch came temporarily under Byzantine sway in 1137, but it was not until 1158 that it truly became a Byzantine vassal. (Full article...) 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...) 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 Occupiers' Liability Act 1957 (5 & 6 Eliz. 2. c. 31) is an act of the Parliament of the United Kingdom that covers occupiers' liability. The result of the Third Report of the Law Reform Committee, the act was introduced to Parliament as the Occupiers' Liability Bill and granted royal assent on 6 June 1957, coming into force on 1 January 1958. (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 The Constitution of India A courtroom in Tokyo, Japan King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash Legal systems of the world Jeremy Bentham's writings influenced law for generations. Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. Statue of Lady Justice holding scales Jawaharlal Nehru at the Allahabad High Court The defendants sitting in the dock during the Nuremberg Trials Signing of the Magna Carta The first Supreme Court of Puerto Rico The Langdell Library of Harvard Law School Painting of a jury deliberating 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...) Gyles v Wilcox (1740) 26 ER 489 was a decision of the Court of Chancery of England that established the doctrine of fair abridgement, which would later evolve into the concept of fair use. The case was heard and the opinion written by Philip Yorke, 1st Earl of Hardwicke, and concerned Fletcher Gyles, a bookseller who had published a copy of Matthew Hale's Pleas of the Crown. Soon after the initial publication, the publishers Wilcox and Nutt hired a writer named Barrow to abridge the book, and repackaged it as Modern Crown Law. Gyles sued for a stay on the book's publishing, claiming his rights under the Statute of Anne had been infringed. The main issues in the case were whether or not abridgements of a work inherently constituted copyright infringement, or whether they could qualify as a separate, new work. Lord Hartwicke ruled that abridgements fell under two categories: "true abridgements" and "coloured shortenings". True abridgements presented a true effort on the part of the editor, and by this effort, constituted a new work which did not infringe upon the copyright of the original. Leaving it to literary and legal experts to decide, Hartwicke ruled that Modern Crown Law was not a true abridgement, but merely a duplication intending to circumvent the law. (Full article...) More Did you know (auto-generated) ... that an Australian High Court case found a hotel chain to have used third-party contractors to avoid paying employees their required benefits? ... 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 Utah state representative Charles Redd successfully proposed the legalization of horse racing and betting in 1925, only to successfully propose making it illegal again two years later? ... that Mabel Cheung won the 5th Hong Kong Film Award for Best Director with her debut film The Illegal Immigrant? ... that according to one legal scholar, "no intelligent lawyer could well practice without" the books of Joseph Kinnicutt Angell? ... that Guajajara environmental activist and land defender Paulo Paulino Guajajara, who worked to stop the deforestation of the Amazon rainforest, was killed by a group of illegal loggers? 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. Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence) King John of England signs the Magna Carta (from Legal history) Corpus Iuris Civilis, 1607 (from Judiciary) Aristotle, by Francesco Hayez (from Jurisprudence) Mill believed law should create happiness. (from Jurisprudence) Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence) Plato (left) and Aristotle (right), a detail of The School of Athens (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) 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) Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law) Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary) Gratian (from Judiciary) Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence) Oliver Wendell Holmes was a self-styled legal realist. (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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