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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...)

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Selected article

In English law, secret trusts are a class of trust defined as an arrangement between a testator and a trustee, made to come into force after death, that aims to benefit a person without having been written in a formal will. The property is given to the trustee in the will, and he would then be expected to pass it on to the real beneficiary. For these to be valid, the person seeking to enforce the trust must prove that the testator intended to form a trust, that this intention was communicated to the trustee, and that the trustee accepted his office. There are two types of secret trust — fully secret and half-secret. A fully secret trust is one with no mention in the will whatsoever. In the case of a half-secret trust, the face of the will names the trustee as trustee, but does not give the trust's terms, including the beneficiary. The most important difference lies in communication of the trust: the terms of a half-secret trust must be communicated to the trustee before the execution of the will, whereas in the case of a fully secret trust the terms may be communicated after the execution of the will, as long as this is before the testator's death.

Secret trusts do not comply with the formality requirements (such as witnessing) laid down in the Wills Act 1837. Despite this, the courts have chosen to uphold them as valid. Although various justifications have been given for this, they are generally categorised as either based on preventing fraud, or as regarding secret trusts as outside (dehors) the operation of the Wills Act. The first is considered the traditional approach – if the courts do not recognise secret trusts, the trustee given the property in the will would be able to keep it for himself, committing fraud. The fraud theory utilises the equitable maxim that "equity will not allow a statute to be used as a cloak for fraud". A more modern view is that secret trusts exist outside the will altogether, and thus do not have to comply with it. Accepting this theory would undermine the operation of the Wills Act, since the Wills Act is designed to cover all testamentary dispositions. To avoid this problem, one approach has been to reclassify the secret trust as inter vivos ("between the living") but this creates other problems. There have also been attempts to conclude that half-secret trusts rest on a different basis to fully secret trusts, although this has been disapproved by the House of Lords, primarily on practical grounds. (Full article...)

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Charles Edward Magoon (December 5, 1861 – January 14, 1920) was an American lawyer, judge, diplomat, and administrator who is best remembered as a governor of the Panama Canal Zone; he also served as Minister to Panama at the same time. He was Provisional Governor of Cuba during the American occupation of Cuba from 1906 to 1909.

He was the subject of several scandals during his career. As a legal advisor working for the United States Department of War, he drafted recommendations and reports that were used by Congress and the executive branch in governing the United States' new territories following the Spanish–American War. These reports were collected as a published book in 1902, then considered the seminal work on the subject. During his time as a governor, Magoon worked to put these recommendations into practice. In summary: Magoon was hugely successful in Panama but criticized for his tenure in Cuba. (Full article...)

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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.^{[better source needed]} Statutes may originate with the legislative body of a country, state or province, county, or municipality. (Full article...)

The Arbitration Act 1979 (c. 42) was an Act of the Parliament of the United Kingdom that reformed arbitration law in England and Wales. Prior to 1979, arbitration law was based on the Arbitration Act 1950, which allowed use of the "case stated" procedure and other methods of judicial intervention, which marked English arbitration law as significantly different from that of other jurisdictions. The prior law significantly increased the cost and time required for arbitration, which made England an unpopular jurisdiction to conduct such negotiations in. As a result, while London maintained its traditional position as a centre for arbitration in insurance, admiralty and commodities trading, it failed to attract more modern forms of trade. Following pressure from industry groups, the Lord Chancellor introduced the Arbitration Bill into Parliament, having it passed hours before the dissolution of James Callaghan's government. It was given royal assent on 4 April 1979, and commenced working on 1 August 1979.

The act completely abolished the "case stated" procedure and other forms of judicial interference, replacing it with a limited system of appeal to the High Court of Justice and Court of Appeal of England and Wales; it also allowed for exclusion agreements limiting the rights of parties to arbitration to appeal to the courts, and gave arbitrators the ability to enforce interlocutory orders. Academics met the Act with a mixed response; while some praised it for bringing English law more into line with that of other nations, others criticised the wording used as unnecessarily complex and hazy. The Act did, in the eyes of some commentators, lead to a shift in judicial policy away from legal certainty and towards a system focused on speed and finality. Having been repealed in its entirety by Section 107(2) of the Arbitration Act 1996, the Act is no longer in force. (Full article...)

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Did you know...

... that the non-payment of debts is the archetype for the seventeen other Hindu titles of law, including that of sexual crimes against women?

... that the case Carlill v Carbolic Smoke Ball Co established the precedents for UK contract law?

... that Swarup Rani Nehru (pictured)appealed to women to make salt in defiance of the salt laws in British India?

... that although the Chancery Amendment Act 1858 was repealed in the United Kingdom, it is still valid in the Republic of Ireland and parts of Canada?

... that freedom of religion in Singapore, which is guaranteed by Article 15 of the Constitution of Singapore, may be restricted by a general law relating to public order, public health or morality?

... that Peter Rosted served as chief judge at Norway's Inderøy District Court for 46 years, from 1733 to 1776?

... that the Alaska Native Claims Settlement Act extinguished all aboriginal title in Alaska?

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Selected images

Image 1Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis.
Image 2A courtroom in Tokyo, Japan
Image 3Jeremy Bentham's writings influenced law for generations.
Image 4King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash
Image 5The Langdell Library of Harvard Law School
Image 6Justices of the Supreme Court of the United States as of October 2020
Image 7Signing of the Magna Carta
Image 8The defendants sitting in the dock during the Nuremberg Trials
Image 9Statue of Lady Justice holding scales
Image 10Legal systems of the world
Image 11The first Supreme Court of Puerto Rico
Image 12Jawaharlal Nehru at the Allahabad High Court
Image 13Painting of a jury deliberating
Image 14Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law'
Image 15The Constitution of India

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...)

The Tichborne case was a legal cause célèbre that captivated Victorian England in the 1860s and 1870s. It concerned the claims by a man sometimes referred to as Thomas Castro or as Arthur Orton, but usually termed "the Claimant", to be the missing heir to the Tichborne baronetcy. He failed to convince the courts, was convicted of perjury and served a long prison sentence.

Roger Tichborne, heir to the family's title and fortunes, was presumed to have died in a shipwreck in 1854 at age 25. His mother clung to a belief that he might have survived, and after hearing rumours that he had made his way to Australia, she advertised extensively in Australian newspapers, offering a reward for information. In 1866, a Wagga Wagga butcher known as Thomas Castro came forward claiming to be Roger Tichborne. Although his manners and bearing were unrefined, he gathered support and travelled to England. He was instantly accepted by Lady Tichborne as her son, although other family members were dismissive and sought to expose him as an impostor.

During protracted enquiries before the case went to court in 1871, details emerged suggesting that the Claimant might be Arthur Orton, a butcher's son from Wapping in London, who had gone to sea as a boy and had last been heard of in Australia. After a civil court had rejected the Claimant's case, he was charged with perjury; while awaiting trial he campaigned throughout the country to gain popular support. In 1874, a criminal court jury decided that he was not Roger Tichborne and declared him to be Arthur Orton. Before passing a sentence of 14 years, the judge condemned the behaviour of the Claimant's counsel, Edward Kenealy, who was subsequently disbarred because of his conduct. (Full article...)

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See also: Lists of case law

More Did you know (auto-generated)

... that American legal scholar John Hart Ely penned a law review article castigating the Supreme Court's decision in Roe v. Wade, despite being pro-choice?
... that Fort Hampton was constructed by the United States Army to warn Americans to leave and keep them from illegally settling in Chickasaw territory?
... that Latin legal maxims like casum sentit dominus have been described as "guardians of eternity [...] more lasting than codifications"?
... that the pseudonymous manga artist Junichi Yamakawa never disclosed to his editor his legal name, address, or contact information?
... that as part of illegal wildlife trading, Oophaga solanensis frogs are bought for US$3 in their native Colombia and sold for up to US$1,000 overseas?
... 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?

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General images

The following are images from various law-related articles on Wikipedia.

Image 1Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence)
Image 2Mill believed law should create happiness. (from Jurisprudence)
Image 3Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence)
Image 4The 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 5Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary)
Image 6King John of England signs the Magna Carta (from Legal history)
Image 7Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence)
Image 8Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence)
Image 9Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence)
Image 10Gratian (from Judiciary)
Image 11Aristotle, by Francesco Hayez (from Jurisprudence)
Image 12Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law)
Image 13Corpus Iuris Civilis, 1607 (from Judiciary)
Image 14The Supreme Court Building houses the Supreme Court of the United States, the highest court in the federal judiciary of the United States. (from Judiciary)

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