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 Constitution of 3 May 1791, titled the Government Act, was a written constitution for the Polish–Lithuanian Commonwealth adopted by the Great Sejm that met between 1788 and 1792. The Commonwealth was a dual monarchy comprising the Crown of the Kingdom of Poland and the Grand Duchy of Lithuania; the new constitution was intended to address political issues following a period of political agitation and gradual reform that began with the Convocation Sejm of 1764 and the election that year of Stanisław August Poniatowski, the Commonwealth's last king. It is the third written constitution in history, after that of the United States and San Marino. The Constitution sought to implement a more effective constitutional monarchy, introduced political equality between townspeople and nobility, and placed the peasants under the government's protection, mitigating the worst abuses of serfdom. It banned pernicious parliamentary institutions such as the liberum veto, which had put the Sejm at the mercy of any single deputy, who could veto and thus undo all the legislation adopted by that Sejm. The Commonwealth's neighbours reacted with hostility to the adoption of the Constitution. King Frederick William II of Prussia broke the Prussian alliance with the Commonwealth, joining with Imperial Russia under Catherine the Great and the anti-reform Targowica Confederation made up of Polish magnates to defeat the Commonwealth in the Polish–Russian War of 1792. The 1791 Constitution was in force for less than 19 months. It was declared null and void by the Grodno Sejm that met in 1793, though the Sejm's legal power to do so was questionable. The Second and Third Partitions of Poland (1793, 1795) ultimately ended Poland's sovereign existence until the close of World War I in 1918. Over those 123 years, the 1791 Constitution helped keep alive Polish aspirations for the eventual restoration of the country's sovereignty. In the words of two of its principal authors, Ignacy Potocki and Hugo Kołłątaj, the 1791 Constitution was "the last will and testament of the expiring Homeland". (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 Canadian Charter of Rights and Freedoms (French: Charte canadienne des droits et libertés), often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all governments in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the Constitution Act, 1982. The Charter was preceded by the Canadian Bill of Rights, enacted in 1960, which was a federal statute rather than a constitutional document. The Bill of Rights exemplified an international trend towards formalizing human rights protections following the United Nations' Universal Declaration of Human Rights, instigated by the movement for human rights and freedoms that emerged after World War II. As a federal statute, the Bill of Rights could be amended through the ordinary legislative process and had no application to provincial laws. The Supreme Court of Canada also narrowly interpreted the Bill of Rights, showing reluctance to declare laws inoperative. Between 1960 and 1982, only five of the thirty-five cases concerning the Bill of Rights that were heard by the Supreme Court of Canada resulted in a successful outcome for claimants. The relative ineffectiveness of the Canadian Bill of Rights motivated many to improve rights protections in Canada. The British Parliament formally enacted the Charter as a part of the Canada Act 1982 at the request of the Parliament of Canada in 1982, the result of the efforts of the government of Prime Minister Pierre Trudeau. The Charter greatly expanded the scope of judicial review, because the Charter is more explicit with respect to the guarantee of rights and the role of judges in enforcing them than was the Canadian Bill of Rights. Canadian courts, when confronted with violations of Charter rights, have struck down unconstitutional federal and provincial statutes and regulations or parts of statutes and regulations, as they did when Canadian case law was primarily concerned with resolving issues of federalism. The Charter, however, granted new powers to the courts to enforce remedies that are more creative and to exclude more evidence in trials. These powers are greater than what was typical under the common law and under a system of government that, influenced by Canada's parent country the United Kingdom, was based upon Parliamentary supremacy. As a result, the Charter has attracted both broad support from a majority of the electorate and criticisms by opponents of increased judicial power. The Charter applies only to government laws and actions (including the laws and actions of federal, provincial, and municipal governments and public school boards), and sometimes to the common law, not to private activity. (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 first Supreme Court of Puerto Rico The defendants sitting in the dock during the Nuremberg Trials The Constitution of India A courtroom in Tokyo, Japan 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. Justices of the Supreme Court of the United States as of October 2020 The Langdell Library of Harvard Law School Painting of a jury deliberating King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash Legal systems of the world Statue of Lady Justice holding scales Signing of the Magna Carta Jawaharlal Nehru at the Allahabad High Court Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' 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...) Dietrich v The Queen is a 1992 High Court of Australia constitutional case which established that a person accused of serious criminal charges must be granted an adjournment until appropriate legal representation is provided if they are unrepresented through no fault of their own and proceeding would result in the trial being unfair. Until the 5–2 opinion of Dietrich v The Queen, it was customary for those unable to afford legal representation to be forced to represent themselves at trial, even when facing serious criminal charges. Previous High Court rulings found representation preferable but not a requisite for a fair trial. The case originated in the County Court of Victoria, where Olaf Dietrich, later known as Hugo Rich, had been convicted of importing a trafficable quantity of heroin. Prior to trial, Dietrich had applied for legal assistance through several avenues, all of which were rejected. The Victorian Court of Criminal Appeal rejected the appeal and the matter was escalated to the High Court of Australia. Counsel for Dietrich applied for appeal on one ground; Dietrich's lack of legal representation meant the trial in the County Court of Victoria was quashed and a new trial ordered. (Full article...) More Did you know (auto-generated) ... that under early English common law a person became legally dead when they entered a religious order? ... that 2000 Alabama Amendment 2, which repealed the state's anti-miscegenation laws, was carefully written to avoid legalizing same-sex marriage? ... that Haley and Hanna Cavinder made over US$1 million in student athlete compensation in the year after the National Collegiate Athletic Association legalized the monetization of personality rights? ... 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 Hartington Road Halt in Brighton, which closed after five years, was accidentally opened illegally? ... that the court case Nintendo of America, Inc. v. Blockbuster Entertainment Corp. helped allow the game rental market to thrive for the years that followed the case? 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. 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) Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law) Bentham's utilitarian theories remained dominant in law until the twentieth century. (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) Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence) Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (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) Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence) Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence) Gratian (from Judiciary) 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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Bridgewater Lorentz Brinch 2011 British privacy injunctions controversy Broccoli mandate Treaty of Bromberg Bronfman kidnapping Bronston v. United States Janine Brookner Bropho v Western Australia Brown Dog affair Raymond A. Brown Brown v. Hotel and Restaurant Employees Brown v. Entertainment Merchants Association Brown v. Maryland John Edward Brownlee sex scandal Buchwald v. Paramount Buckeye Check Cashing, Inc. v. Cardegna Budget Control Act of 2011 Bug River property Dagmar Burešová Jon Burge Burgos trials Burning of women in England Daniel Higford Davall Burr Burton v. United States By-elections in Singapore Byelaws in the United Kingdom Peter Bynoe Byron v. 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Southeast Alaska Conservation Council Barry Cohen (attorney) Morris L. Cohen Coleman v. Schwarzenegger Collaborative practice agreement College Network, Inc. v. Moore Educational Publishers, Inc. The Color of Law Coloured vote constitutional crisis Columbia Journal of Environmental Law Columbia Pictures Industries, Inc. v. Fung Dan Jack Combs Sara Walter Combs Commission Directive 91/71/EEC Commissioner of Taxation v La Rosa Common land Commonwealth Edison Co. v. Montana Commonwealth v. Dent Communications Workers of America v. Beck Communist crimes (Polish legal concept) Community court Community design Compagnie Francaise de Navigation a Vapeur v. Louisiana Board of Health Comparative hearing Competency evaluation (law) Comptroller of the Treasury of Maryland v. Wynne CompuServe Inc. v. Cyber Promotions, Inc. 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