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 Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of the Rolls is second in seniority in England and Wales only to the Lord Chief Justice. The position dates from at least 1286, although it is believed that the office probably existed earlier than that. The Master of the Rolls was initially a clerk responsible for keeping the "Rolls" or records of the Court of Chancery, and was known as the Keeper of the Rolls of Chancery. The Keeper was the most senior of the dozen Chancery clerks, and as such occasionally acted as keeper of the Great Seal of the Realm. The post evolved into a judicial one as the Court of Chancery did; the first reference to judicial duties dates from 1520. With the Judicature Act 1873, which merged the Court of Chancery with the other major courts, the Master of the Rolls joined the Chancery Division of the High Court and the Court of Appeal, but left the Chancery Division by the terms of the Judicature Act 1881. The Master of the Rolls had also been warden of the little-used Domus Conversorum for housing Jewish converts, which led to the house and chapel being used to store legal documents and later becoming the location of the Public Record Office. He retained his clerical functions as the nominal head of the Public Record Office until the Public Records Act 1958 transferred responsibility for it to the Lord Chancellor. One residual reminder of this role is the fact that the Master of the Rolls of the day continues to serve, ex officio, as President of the British Records Association. The Master of the Rolls was also previously responsible for registering solicitors, the officers of the Senior Courts. (Full article...) Selected biography Earl Warren (March 19, 1891 – July 9, 1974) was an American lawyer, politician, and jurist who served as the 30th governor of California from 1943 to 1953 and as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presided over a major shift in American constitutional jurisprudence, which has been recognized by many as a "Constitutional Revolution" in the liberal direction, with Warren writing the majority opinions in landmark cases such as Brown v. Board of Education (1954), Reynolds v. Sims (1964), Miranda v. Arizona (1966), and Loving v. Virginia (1967). Warren also led the Warren Commission, a presidential commission that investigated the 1963 assassination of President John F. Kennedy. He served as Governor of California from 1943 to 1953, and is the last chief justice to have served in an elected office before nomination to the Supreme Court. Warren is generally considered to be one of the most influential Supreme Court justices and political leaders in the history of the United States. Warren served as Thomas E. Dewey's running mate in the 1948 presidential election, but the ticket lost the election to incumbent President Harry S. Truman and Senator Alben W. Barkley in an election upset. Warren sought the Republican nomination in the 1952 presidential election, but the party nominated General Dwight D. Eisenhower. After Eisenhower won election as president, he appointed Warren as Chief Justice. A series of rulings made by the Warren Court in the 1950s helped lead to the decline of McCarthyism. Warren helped arrange a unanimous decision in Brown v. Board of Education (1954), which ruled that racial segregation in public schools was unconstitutional. After Brown, the Warren Court continued to issue rulings that helped bring an end to the segregationist Jim Crow laws that were prevalent throughout the Southern United States. In Heart of Atlanta Motel, Inc. v. United States (1964), the Court upheld the Civil Rights Act of 1964, a federal law that prohibits racial segregation in public institutions and public accommodations. In the 1960s, the Warren Court handed down several landmark rulings that significantly transformed criminal procedure, redistricting, and other areas of the law. Many of the Court's decisions incorporated the Bill of Rights, making the protections of the Bill of Rights apply to state and local governments. Gideon v. Wainwright (1963) established a criminal defendant's right to an attorney in felony cases, and Miranda v. Arizona (1966) required police officers to give what became known as the Miranda warning to suspects taken into police custody that advises them of their constitutional protections. Reynolds v. Sims (1964) established that all state legislative districts must be of roughly equal population size, while the Court's holding in Wesberry v. Sanders (1964) required equal populations for congressional districts, thus achieving "one man, one vote" in the United States. Schmerber v. California (1966) established that forced extraction of a blood sample is not compelled testimony, illuminating the limits on the protections of the 4th and 5th Amendments and Warden v. Hayden (1967) dramatically expanded the rights of police to seize evidence with a search warrant, reversing the mere evidence rule. Furthermore, Griswold v. Connecticut (1965) established a constitutional right to privacy and struck down a state law that restricted access to contraceptives, and Loving v. Virginia (1967) struck down state anti-miscegenation laws, which had banned or otherwise regulated interracial marriage. Warren announced his retirement in 1968 and was succeeded by Appellate Judge Warren E. Burger in 1969. The Warren Court's rulings have received criticism, but have received widespread support and acclamation from both liberals and conservatives. As yet, few of the Court's decisions have been overturned. (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 Petition of Right, passed on 7 June 1628, is an English constitutional document setting out specific individual protections against the state, reportedly of equal value to Magna Carta and the Bill of Rights 1689. It was part of a wider conflict between Parliament and the Stuart monarchy that led to the 1639 to 1653 Wars of the Three Kingdoms, ultimately resolved in the 1688-89 Glorious Revolution. Following a series of disputes with Parliament over granting taxes, in 1627 Charles I imposed "forced loans", and imprisoned those who refused to pay, without trial. This was followed in 1628 by the use of martial law, forcing private citizens to feed, clothe and accommodate soldiers and sailors, which implied the king could deprive any individual of property, or freedom, without justification. It united opposition at all levels of society, particularly those elements the monarchy depended on for financial support, collecting taxes, administering justice etc, since wealth simply increased vulnerability. (Full article...) Did you know... ... that the Digital Switchover (Disclosure of Information) Act 2007 allows social security information to be passed to the BBC? ... that after the crash of United Airlines Flight 297 in 1962, the Federal Aviation Administration created new regulations that required airplanes to better withstand bird strikes? ... that in Re A (conjoined twins) an English court permitted the separation of two conjoined twins knowing that one would die? ... that although Elizabeth Richards Tilton (pictured) was a central figure in a six-month-long trial, she was never allowed to speak in court? ... that under modern principles of vicarious liability in English law, employers are answerable for the intentional wrongdoings of their employees? ... that although John Fortescue listed ten Inns of Chancery, only nine are known? ... that oppositionist delegates to the Philippine Constitutional Convention of 1971 were among the first to be arrested when Ferdinand Marcos declared martial law in the Philippines? Selected images Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. Painting of a jury deliberating Justices of the Supreme Court of the United States as of October 2020 Jeremy Bentham's writings influenced law for generations. A courtroom in Tokyo, Japan The defendants sitting in the dock during the Nuremberg Trials King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash Jawaharlal Nehru at the Allahabad High Court Statue of Lady Justice holding scales Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' The Langdell Library of Harvard Law School Legal systems of the world The Constitution of India Signing of the Magna Carta The first Supreme Court of Puerto Rico 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...) Seneca Nation of Indians v. Christy, 162 U.S. 283 (1896), was the first litigation of aboriginal title in the United States by a tribal plaintiff in the Supreme Court of the United States since Cherokee Nation v. Georgia (1831). It was the first such litigation by an indigenous plaintiff since Fellows v. Blacksmith (1857) and its companion case of New York ex rel. Cutler v. Dibble (1858). The New York courts held that the 1788 Phelps and Gorham Purchase did not violate the Nonintercourse Act, one of the provisions of which prohibits purchases of Indian lands without the approval of the federal government, and that (even if it did) the Seneca Nation of New York was barred by the state statute of limitations from challenging the transfer of title. The U.S. Supreme Court declined to review the merits of lower court ruling because of the adequate and independent state grounds doctrine. According to O'Toole and Tureen, "Christy is an important case in that it revived the concept that states had special powers to deal with Indian tribes within their borders." Although the case has not been formally overruled, two Supreme Court decisions in the 1970s and 1980s have undone its effect by ruling that there is federal subject-matter jurisdiction for a federal common law cause of action for recovering possession based on the common-law doctrine of aboriginal title. Moreover, the New York courts' interpretation of the Nonintercourse Act is no longer good law. Modern federal courts hold that only Congress can ratify a conveyance of aboriginal title, and only with a clear statement, rather than implicitly. (Full article...) More Did you know (auto-generated) ... 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 Hirsch Sommerhausen worked as a court translator in a dozen languages? ... 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 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 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. 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) Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary) Aristotle, by Francesco Hayez (from Jurisprudence) Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence) Philosophers of law ask "what is law, and what should it be?" (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) Gratian (from Judiciary) Mill believed law should create happiness. (from Jurisprudence) Thomas Aquinas was the most influential Western medieval legal scholar. (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) 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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