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 legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. 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. Religious law is in use in some religious communities and states, and has historically influenced secular law. 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 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 Billings Learned Hand (/ˈlɜːrnɪd/ LURN-id; January 27, 1872 – August 18, 1961) was an American jurist, lawyer, and judicial philosopher. He served as a federal trial judge on the U.S. District Court for the Southern District of New York from 1909 to 1924 and as a federal appellate judge on the U.S. Court of Appeals for the Second Circuit from 1924 to 1961. Hand is also remembered as a pioneer of modern approaches to statutory interpretation. His decisions in specialist fields—such as patents, torts, admiralty law, and antitrust law—set lasting standards for craftsmanship and clarity. On constitutional matters, he was both a political progressive and an advocate of judicial restraint. He believed in the protection of free speech and in bold legislation to address social and economic problems. He argued that the United States Constitution does not empower courts to overrule the legislation of elected bodies, except in extreme circumstances. Instead, he advocated the "combination of toleration and imagination that to me is the epitome of all good government". As of 2004, Hand had been quoted more often by legal scholars and by the Supreme Court of the United States than any other lower-court judge. (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 Urban Lawyer is the largest circulating government law journal in the world? ... that prior to the Recreational Charities Act 1958, the English courts refused to accept any charities involving recreational activities as valid? ... that, according to a US Supreme Court decision, the Fourth Amendment does not always apply to searches at the border? ... that their loss in Watson v British Boxing Board of Control forced the British Boxing Board of Control to move to Wales? ... that the professors of the law school of Beirut drafted parts of the Corpus Juris Civilis, a fundamental work in Roman jurisprudence? ... that John Verney became a Member of Parliament to gain contacts to help him in his career as a barrister? ... that the Bartley-Fox Law mandated a one-year prison sentence for anyone convicted of illegally carrying a firearm in Massachusetts? Selected images Statue of Lady Justice holding scales A courtroom in Tokyo, Japan Legal systems of the world King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash The defendants sitting in the dock during the Nuremberg Trials Jeremy Bentham's writings influenced law for generations. The Constitution of India The first Supreme Court of Puerto Rico Signing of the Magna Carta Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' The Langdell Library of Harvard Law School Justices of the Supreme Court of the United States as of October 2020 Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. Painting of a jury deliberating Jawaharlal Nehru at the Allahabad High Court 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...) United States v. Wong Kim Ark, 169 U.S. 649 (1898), is a landmark decision of the U.S. Supreme Court which held that "a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicile and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China", automatically became a U.S. citizen at birth. Wong Kim Ark was the first Supreme Court case to decide on the status of children born in the United States to alien parents. This decision established an important precedent in its interpretation of the Citizenship Clause of the Fourteenth Amendment to the Constitution. Wong Kim Ark, who was born in San Francisco in 1873, had been denied re-entry to the United States after a trip abroad, under the Chinese Exclusion Act, a law banning virtually all Chinese immigration and prohibiting Chinese immigrants from becoming naturalized U.S. citizens. He challenged the government's refusal to recognize his citizenship, and the Supreme Court ruled in his favor, holding that the Citizenship Clause should be interpreted "in light of the common law". The case highlighted disagreements over the precise meaning of one phrase in the Citizenship Clause—namely, the provision that a person born in the United States who is "subject to the jurisdiction thereof" acquires automatic citizenship. The Supreme Court's majority concluded that this phrase referred to being required to obey U.S. law; on this basis, they interpreted the Citizenship Clause of the Fourteenth Amendment to grant citizenship to children born in the United States, with only a limited set of exceptions based on English common law. The Court held that being born to alien parents was not one of those exceptions. The court's dissenters argued that being subject to the jurisdiction of the United States meant not being subject to any foreign power—that is, not being claimed as a citizen by another country via jus sanguinis (inheriting citizenship from a parent)—an interpretation which, in the minority's view, would have excluded "the children of foreigners, happening to be born to them while passing through the country". (Full article...) More Did you know (auto-generated) ... 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 in 2009, residents of Maine voted to repeal a law that would have legalized same-sex marriage? ... that until a 1982 legal decision, women were not permitted to stand at the bar at El Vino in London? ... that after Joseph S. Bartley was sentenced to twenty years in prison for embezzlement, he tried to have himself declared legally dead? ... that the futurist novel Man of Smoke, according to a scholar, contains a hidden legal code for readers to piece together? ... that fridges filled with "frozen duck" sent to Britain actually contained illegal coins? 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. Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence) Gratian (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) Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary) King John of England signs the Magna Carta (from Legal history) "With law shall land be built", from the Code of Jutland (1241) above the Copenhagen Court House, Denmark (from Legal history) 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) 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) Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence) Corpus Iuris Civilis, 1607 (from Judiciary) Mill believed law should create happiness. 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