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 County Court of England and Wales dates back to the County Courts Act 1846 (9 & 10 Vict. c. 95), which received royal assent on 28 August 1846 and was brought into force on 15 March 1847. England and Wales (with the exception of the City of London, which was outside the scope of the Act) were divided into 60 circuits, with a total of 491 county courts within these circuits. The then Lord Chancellor, Lord Cottenham, wanted everyone to be within seven miles of a court, and the final scheme came close to that aim. One county court judge was appointed to each circuit, assisted by one or more registrars with some limited judicial powers, and would travel between the courts in his area as necessary, sitting in each court at least once a month. Few permanent courts were needed initially, given the infrequency of court hearings, and temporary accommodation such as a town hall would often be used where there was no existing courthouse for use. In some places, a building is now shared with the Crown Court (as at Maidstone Combined Court Centre, for example), the Family Court, or a magistrates' court. The judicial business of the County Court is now carried out by circuit judges (a term introduced by the Courts Act 1971) and district judges (as the post of registrar was renamed by section 74 of the Courts and Legal Services Act 1990). Part-time judges (recorders, deputy district judges and some retired judges) also sit in the county court. As at 1 April 2015, there are 640 circuit judges and 441 district judges. The system of 60 circuits was abolished in 1970. Over time, whilst new courts have been opened in various locations, there has been an overall reduction in the number of locations where a county court is held. In June 2010, the Ministry of Justice announced plans to close 54 county courts and 103 magistrates' courts, in order to save £15m in annual running costs and £22m in necessary maintenance. After consultation, it was decided to keep five of these county courts open: Barnsley, Bury, Llangefni, the Mayor's and City of London Court, and Skipton. From 22 April 2014, the Crime and Courts Act 2013 replaced the previous system of county courts for different localities with one County Court that operates throughout England and Wales, sitting in multiple locations simultaneously. In July 2015, further proposals to close nineteen County Court venues were announced. (Full article...) Selected biography Ioan Constantin Filitti (Romanian pronunciation: [iˈo̯aŋ konstanˈtin fiˈliti]; first name also Ion; Francized Jean C. Filitti; May 8, 1879 – September 21, 1945) was a Romanian historian, diplomat and conservative theorist, best remembered for his contribution to social history, legal history, genealogy and heraldry. A member of the Conservative Party and an assistant of its senior leader Titu Maiorescu, he had aristocratic (boyar) origins and an elitist perspective. Among his diverse contributions, several focus on 19th-century modernization under the Regulamentul Organic regime, during which Romania was ruled upon by the Russian Empire. As a historian, Filitti is noted for his perfectionism, and for constantly revising his own works. I. C. Filitti had an auspicious debut in diplomacy and politics, but his career was mired in controversy. A "Germanophile" by the start of World War I, he secretly opposed the pact between Romania and the Entente Powers, and opted to stay behind in German-occupied territory. He fell into disgrace for serving the collaborationist Lupu Kostaki as Prefect and head of the National Theater, although he eventually managed to overturn his death sentence for treason. Filitti became a recluse, focusing on his scholarship and press polemics, but was allowed to serve on the Legislative Council after 1926. In his political tracts, written well after the Conservative Party's demise, I. C. Filitti preserves the orthodox conservative principles of Maiorescu. His attachment to boyar tradition was expanded into a critique of centralized government, etatism and Romanian liberalism. Toward the end of his life, he supported the dictatorial regime known as National Renaissance Front. (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 Obscene Publications Act 1959 (7 & 8 Eliz. 2. c. 66) is an Act of Parliament of the United Kingdom Parliament that significantly reformed the law related to obscenity in England and Wales. Prior to the passage of the Act, the law on publishing obscene materials was governed by the common law case of R v Hicklin, which had no exceptions for artistic merit or the public good. During the 1950s, the Society of Authors formed a committee to recommend reform of the existing law, submitting a draft bill to the Home Office in February 1955. After several failed attempts to push a bill through Parliament, a committee finally succeeded in creating a viable bill, which was introduced to Parliament by Roy Jenkins and given royal assent on 29 July 1959, coming into force on 29 August 1959 as the Obscene Publications Act 1959. With the committee consisting of both censors and reformers, the actual reform of the law was limited, with several extensions to police powers included in the final version. The Act created a new offence for publishing obscene material, repealing the common law offence of obscene libel which was previously used, and also allows Justices of the Peace to issue warrants allowing the police to seize such materials. At the same time it creates two defences; firstly, the defence of innocent dissemination, and secondly the defence of public good. The Act has been used in several high-profile cases, such as the trials of Penguin Books for publishing Lady Chatterley's Lover and Oz for the Schoolkids OZ issue. (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 defendants sitting in the dock during the Nuremberg Trials Jawaharlal Nehru at the Allahabad High Court Statue of Lady Justice holding scales The first Supreme Court of Puerto Rico The Constitution of India 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 Signing of the Magna Carta Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash A courtroom in Tokyo, Japan Jeremy Bentham's writings influenced law for generations. Legal systems of the world 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...) Ex parte Crow Dog, 109 U.S. 556 (1883), is a landmark decision of the Supreme Court of the United States that followed the death of one member of a Native American tribe at the hands of another on reservation land. Crow Dog was a member of the Brulé band of the Lakota Sioux. On August 5, 1881 he shot and killed Spotted Tail, a Lakota chief; there are different accounts of the background to the killing. The tribal council dealt with the incident according to Sioux tradition, and Crow Dog paid restitution to the dead man's family. However, the U.S. authorities then prosecuted Crow Dog for murder in a federal court. He was found guilty and sentenced to hang. The defendant then petitioned the Supreme Court for a writ of habeas corpus, arguing that the federal court had no jurisdiction to try cases where the offense had already been tried by the tribal council. The court found unanimously for the plaintiff and Crow Dog was therefore released. This case was the first time in history that an Indian was held on trial for the murder of another Indian. The case led to the Major Crimes Act in 1885, which placed some major crimes (initially seven, now 15) under federal jurisdiction if committed by an Indian against another Indian on a reservation or tribal land. This case was the beginning of the plenary power legal doctrine that has been used in Indian case law to limit tribal sovereignty. (Full article...) More Did you know (auto-generated) ... that Leopoldo Salazar Viniegra laid the foundation for the Reglamento Federal de Toxicomanias, which legalized psychoactive substances in Mexico in 1940? ... that Hartington Road Halt in Brighton, which closed after five years, was accidentally opened illegally? ... that thanks to the advocate general's opinion, one is likely to know the outcome of a court case before the European Court of Justice before it even starts drafting the ruling? ... that Latin legal maxims like casum sentit dominus have been described as "guardians of eternity [...] more lasting than codifications"? ... that Hirsch Sommerhausen worked as a court translator in a dozen languages? ... 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? 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. Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary) Corpus Iuris Civilis, 1607 (from Judiciary) Gratian (from Judiciary) Bentham's utilitarian theories remained dominant in law until the twentieth century. (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) Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence) Mill believed law should create happiness. (from Jurisprudence) 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) Aristotle, by Francesco Hayez (from Jurisprudence) Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence) Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence) Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence) King John of England signs the Magna Carta (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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