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 Sir Matthew Hale SL (1 November 1609 – 25 December 1676) was an influential English barrister, judge and jurist most noted for his treatise Historia Placitorum Coronæ, or The History of the Pleas of the Crown. (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 Accurate News and Information Act (complete title: An Act to Ensure the Publication of Accurate News and Information) was a statute passed by the Legislative Assembly of Alberta, Canada, in 1937, at the instigation of William Aberhart's Social Credit government. It would have required newspapers to print "clarifications" of stories that a committee of Social Credit legislators deemed inaccurate, and to reveal their sources on demand. The act was a result of the stormy relationship between Aberhart and the press, dating to before the 1935 election, in which the Social Credit League was elected to government. Virtually all of Alberta's newspapers—especially the Calgary Herald—were critical of Social Credit, as were a number of publications from elsewhere in Canada. Even the American media had greeted Aberhart's election with derision. Though the act won easy passage through the Social Credit-dominated legislature, Lieutenant-Governor of Alberta John C. Bowen reserved royal assent until the Supreme Court of Canada evaluated the act's legality. In 1938's Reference re Alberta Statutes, the court found that it was unconstitutional, and it never became law. (Full article...) Did you know... ... that the Franklin County Courthouse (pictured) incorporates the walls and columns left after Confederate forces burned the previous courthouse during the American Civil War? ... that a bipartisan commission was established by law in 2003 with the mandate to study prison rape in the United States? ... that T. Muthuswamy Iyer was the first Indian judge of the Madras High Court? ... that a grand jury found Arizona Territory's "Thieving Thirteenth" legislature exceeded a US$4,000 legal limitation for operating expenses by US$46,744.50? ... that English gynaecologist Margaret Puxon, who started studying law to prevent boredom while on maternity leave, eventually became a barrister? ... that the Stephen Downing case, also known as the Bakewell Tart murder, has been described as the longest miscarriage of justice in British legal history? ... that John B. Creeden was a founder of both Boston College Law School and Georgetown University's School of Foreign Service? Selected images Justices of the Supreme Court of the United States as of October 2020 The Langdell Library of Harvard Law School Legal systems of the world Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' The first Supreme Court of Puerto Rico Painting of a jury deliberating Jawaharlal Nehru at the Allahabad High Court The defendants sitting in the dock during the Nuremberg Trials Statue of Lady Justice holding scales Jeremy Bentham's writings influenced law for generations. Signing of the Magna Carta The Constitution of India 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 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...) Greene v Associated Newspapers Ltd [2004] EWCA Civ 1462 is a case of the Court of Appeal of England and Wales that governs the use of injunctions against publication in alleged defamation cases. Greene, a businesswoman, sought an injunction against Associated Newspapers Ltd to prevent them publishing alleged links with Peter Foster; while they claimed to have emails showing links, she asserted that they were false. The test at the time for a preliminary injunction in defamation cases was Bonnard v Perryman, where it was established that the applicant has to show "a real prospect of success" at trial. The Human Rights Act 1998 established that judges should consider whether applicants are "more likely than not" to succeed at trial, a test applied to confidentiality cases in Cream Holdings Ltd v Banerjee and the Liverpool Post and Echo Ltd. Greene claimed that the Cream test should be applied rather than the Bonnard test. The case first went to the High Court of Justice, where it was heard by Fulford J; he decided that he did not have the authority to overrule Bonnard, and passed the case on to the Court of Appeal after granting a temporary injunction. In the Court of Appeal, the case was heard by May, Dyson and Brooke LJJ, with Brooke delivering the judgment on 5 November 2004. In it, Brooke judged that defamation, the subject of Greene, was significantly different from breach of confidentiality, the subject in Cream. While the damage from a breach of confidentiality can never be undone, justifying a simple test for issuing injunctions, a defamation case that is won vindicates the injured party. Making it easier to grant injunctions in defamation cases would damage the delicate balance between freedom of the press and the right to privacy; as such, despite the Human Rights Act, Bonnard is still a valid test. (Full article...) More Did you know (auto-generated) ... 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 Singaporean broadcaster Lee Fook Hong legally changed his name to Lee Dai Sor (literally 'Lee Big Fool' in Cantonese) after being accused of tax evasion? ... that The Outdoor Circle opposed a 2009 visit to Hawaii by the Wienermobile, believing its presence in the state was illegal? ... that Australia-born rugby union player Jason Jones-Hughes was the subject of a protracted legal battle over his international eligibility after Wales called him up for the 1999 Rugby World Cup? ... 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? ... that 2000 Alabama Amendment 2, which repealed the state's anti-miscegenation laws, was carefully written to avoid legalizing same-sex marriage? 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) Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law) Gratian (from Judiciary) 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) Mill believed law should create happiness. (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) Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence) Corpus Iuris Civilis, 1607 (from Judiciary) Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence) Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence) Aristotle, by Francesco Hayez (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) Topics Quality content Extended content Featured articles New Jersey's 1927 biannual elections proposal US–UK Mutual Defence Agreement Act of Accord 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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