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 In early December 1936, a constitutional crisis in the British Empire arose when King Edward VIII proposed to marry Wallis Simpson, an American socialite who was divorced from her first husband and was in the process of divorcing her second. The marriage was opposed by the governments of the United Kingdom and the Dominions of the British Commonwealth. Religious, legal, political, and moral objections were raised. As the British monarch, Edward was the nominal head of the Church of England, which at this time did not allow divorced people to remarry in church if their ex-spouses were still alive. For this reason, it was widely believed that Edward could not marry Simpson and remain on the throne. As a twice-divorced woman, Simpson was perceived to be politically, morally and socially unsuitable as a prospective queen consort. It was widely assumed by the Establishment that she was driven by love of money or position rather than love for the King. Despite the opposition, Edward declared that he loved Simpson and intended to marry her as soon as her second divorce was finalised. The widespread unwillingness to accept Simpson as the King's consort and Edward's refusal to give her up led to his abdication in December 1936. He was succeeded by his brother Albert, who became George VI. Edward was given the title of Duke of Windsor, and styled Royal Highness, following his abdication, and he married Simpson the following year. They remained married until his death 35 years later. (Full article...) Selected biography Antonin Gregory Scalia (/ˌæntənɪn skəˈliːə/ ⓘ; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the U.S. Supreme Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century, and one of the most important justices in the history of the Supreme Court. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018, and the Antonin Scalia Law School at George Mason University was named in his honor. Scalia was born in Trenton, New Jersey. A devout Catholic, he attended the Jesuit Xavier High School before receiving his undergraduate degree from Georgetown University. Scalia went on to graduate from Harvard Law School and spent six years at Jones Day before becoming a law professor at the University of Virginia. In the early 1970s, he served in the Nixon and Ford administrations, eventually becoming an Assistant Attorney General under President Gerald Ford. He spent most of the Carter years teaching at the University of Chicago, where he became one of the first faculty advisers of the fledgling Federalist Society. In 1982, President Ronald Reagan appointed Scalia as a judge of the U.S. Court of Appeals for the District of Columbia Circuit. Four years later, Reagan appointed him to the Supreme Court, where Scalia became its first Italian-American justice following a unanimous confirmation by the U.S. Senate 98–0. Scalia espoused a conservative jurisprudence and ideology, advocating textualism in statutory interpretation and originalism in constitutional interpretation. He peppered his colleagues with "Ninograms" (memos named for his nickname, "Nino") intending to persuade them to his point of view. He was a strong defender of the powers of the executive branch and believed that the U.S. Constitution permitted the death penalty and did not guarantee the right to either abortion or same-sex marriage. Furthermore, Scalia viewed affirmative action and other policies that afforded special protected status to minority groups as unconstitutional. Such positions would earn him a reputation as one of the most conservative justices on the Court. He filed separate opinions in many cases, often castigating the Court's majority—sometimes scathingly so. (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...) Regulamentul Organic (Romanian: [reɡulaˈmentul orˈɡanik], Organic Regulation; French: Règlement Organique; Russian: Органический регламент, romanized: Organichesky reglament) was a quasi-constitutional organic law enforced in 1831–1832 by the Imperial Russian authorities in Moldavia and Wallachia (the two Danubian Principalities that were to become the basis of the modern Romanian state). The document partially confirmed the traditional government (including rule by the hospodars) and set up a common Russian protectorate which lasted until 1854. The Regulamentul itself remained in force until 1858. Conservative in its scope, it also engendered a period of unprecedented reforms which provided a setting for the Westernization of the local society. The Regulamentul offered the two Principalities their first common system of government. (Full article...) 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? Selected images The defendants sitting in the dock during the Nuremberg Trials The first Supreme Court of Puerto Rico Signing of the Magna Carta 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' Jeremy Bentham's writings influenced law for generations. Painting of a jury deliberating Jawaharlal Nehru at the Allahabad High Court The Constitution of India Justices of the Supreme Court of the United States as of October 2020 A courtroom in Tokyo, Japan King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. Statue of Lady Justice holding scales 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...) Palsgraf v. Long Island Railroad Co., 248 N.Y. 339, 162 N.E. 99 (1928), is a leading case in American tort law on the question of liability to an unforeseeable plaintiff. The case was heard by the New York Court of Appeals, the highest state court in New York; its opinion was written by Chief Judge Benjamin Cardozo, a leading figure in the development of American common law and later a United States Supreme Court justice. The plaintiff, Helen Palsgraf, was waiting at a Long Island Rail Road station in August 1924 while taking her daughters to the beach. Two men attempted to board the train before hers; one (aided by railroad employees) dropped a package that exploded, causing a large coin-operated scale on the platform to hit her. After the incident, she began to stammer, and subsequently sued the railroad, arguing that its employees had been negligent while assisting the man, and that she had been harmed by the neglect. In May 1927 she obtained a jury verdict of $6,000, which the railroad appealed. Palsgraf gained a 3–2 decision in the Appellate Division, and the railroad appealed again. Cardozo wrote for a 4–3 majority of the Court of Appeals, ruling that there was no negligence because the employees, in helping the man board, did not have a duty of care to Palsgraf as injury to her was not a foreseeable harm from aiding a man with a package. The original jury verdict was overturned, and the railroad won the case. A number of factors, including the bizarre facts and Cardozo's outstanding reputation, made the case prominent in the legal profession, and it remains so, taught to most if not all American law students in torts class. Cardozo's conception, that tort liability can only occur when a defendant breaches a duty of care the defendant owes to a plaintiff, causing the injury sued for, has been widely accepted in American law. In dealing with proximate cause, many states have taken the approach championed by the Court of Appeals' dissenter in Palsgraf, Judge William S. Andrews. (Full article...) More Did you know (auto-generated) ... 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 in 2009, residents of Maine voted to repeal a law that would have legalized same-sex marriage? ... that many international law experts and states doubt that extended occupations, such as the Israeli occupation of Palestine, can ever be legal? ... that the Israeli song "HaSela haAdom", about illegal trips to Petra, was banned in Israel? ... 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? ... 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. Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence) 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) Mill believed law should create happiness. (from Jurisprudence) Corpus Iuris Civilis, 1607 (from Judiciary) Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary) Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence) Philosophers of law ask "what is law, and what should it be?" (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) Gratian (from Judiciary) Oliver Wendell Holmes was a self-styled legal realist. (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) Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law) 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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