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 legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. 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. Religious law is in use in some religious communities and states, and has historically influenced secular law. 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 Privy Council, formally His Majesty's Most Honourable Privy Council, is a formal body of advisers to the sovereign of the United Kingdom. Its members, known as privy counsellors, are mainly senior politicians who are current or former members of either the House of Commons or the House of Lords. The Privy Council formally advises the sovereign on the exercise of the royal prerogative. The King-in-Council issues executive instruments known as Orders in Council. The Privy Council also holds the delegated authority to issue Orders of Council, mostly used to regulate certain public institutions. It advises the sovereign on the issuing of royal charters, which are used to grant special status to incorporated bodies, and city or borough status to local authorities. Otherwise, the Privy Council's powers have now been largely replaced by its executive committee, the Cabinet of the United Kingdom. Certain judicial functions are also performed by the King-in-Council, although in practice its actual work of hearing and deciding upon cases is carried out day-to-day by the Judicial Committee of the Privy Council. The Judicial Committee consists of senior judges appointed as privy counsellors: predominantly justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth. The Privy Council formerly acted as the final court of appeal for the entire British Empire (other than for the United Kingdom itself). It continues to hear judicial appeals from some other independent Commonwealth countries, as well as Crown Dependencies and British Overseas Territories. (Full article...) Selected biography Alfred Thompson Denning, Baron Denning, OM, PC, DL (23 January 1899 – 5 March 1999), was an English barrister and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". One of Lord Denning's successors as Master of the Rolls, Lord Bingham, called him "the best known and best loved judge in our history". Denning's appellate work in the Court of Appeal did not concern criminal law. Mark Garnett and Richard Weight argue that Denning was a conservative Christian who "remained popular with morally conservative Britons who were dismayed at the postwar rise in crime and who, like him, believed that the duties of the individual were being forgotten in the clamour for rights. He had a more punitive than redemptive view of criminal justice, as a result of which he was a vocal supporter of corporal and capital punishment." However, he changed his stance on capital punishment in later life. Denning became one of the highest profile judges in England in part because of his report on the Profumo affair. He was known for his bold judgments running counter to the law at the time. During his 38-year career as a judge, he made large changes to the common law, particularly while in the Court of Appeal, and although some of his decisions were overturned by the House of Lords several of them were confirmed by Parliament, which passed statutes in line with his judgments. Appreciated for his role as "the people's judge" and his support for the individual, Denning attracted attention for his occasionally flexible attitude to the common law principle of precedent. He commented controversially about the Birmingham Six and Guildford Four. (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 United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people. The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787), the English Bill of Rights (1689), and Magna Carta (1215). Largely because of the efforts of Representative James Madison, who studied the deficiencies of the Constitution pointed out by Anti-Federalists and then crafted a series of corrective proposals, Congress approved twelve articles of amendment on September 25, 1789, and submitted them to the states for ratification. Contrary to Madison's proposal that the proposed amendments be incorporated into the main body of the Constitution (at the relevant articles and sections of the document), they were proposed as supplemental additions (codicils) to it. Articles Three through Twelve were ratified as additions to the Constitution on December 15, 1791, and became Amendments One through Ten of the Constitution. Article Two became part of the Constitution on May 5, 1992, as the Twenty-seventh Amendment. Article One is still pending before the states. Although Madison's proposed amendments included a provision to extend the protection of some of the Bill of Rights to the states, the amendments that were finally submitted for ratification applied only to the federal government. The door for their application upon state governments was opened in the 1860s, following ratification of the Fourteenth Amendment. Since the early 20th century both federal and state courts have used the Fourteenth Amendment to apply portions of the Bill of Rights to state and local governments. The process is known as incorporation. (Full article...) Did you know... ... that the Lauterpacht Centre for International Law was named after its founder Sir Elihu Lauterpacht and his father Sir Hersch Lauterpacht? ... that Guido Jung was dismissed from the Royal Italian Army after the enactment of the Italian Racial Laws despite having served as Minister of Finance under Mussolini? ... that in the Bancoult litigation, the English courts and government first decided that the Chagossians could return home (pictured), then that they couldn't, then that they could, and then that they couldn't? ... that the tenor Alfred Vökt, who performed in the premiere of Henze's Il re cervo, had a Doctor of Law degree? ... that the General Alliance against Racism and for Respect for French and Christian Identity sued Le Figaro for defamation against Catholics? ... that martial law was declared in Russell County, Alabama in 1954 after the assassination of Attorney General candidate Albert Patterson? ... that the year and a day rule regarding homicide was abolished because of advances in medicine and forensic science? Selected images Jeremy Bentham's writings influenced law for generations. Justices of the Supreme Court of the United States as of October 2020 Legal systems of the world The Langdell Library of Harvard Law School The Constitution of India King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash Jawaharlal Nehru at the Allahabad High Court A courtroom in Tokyo, Japan Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. The defendants sitting in the dock during the Nuremberg Trials Statue of Lady Justice holding scales Painting of a jury deliberating Signing of the Magna Carta The first Supreme Court of Puerto Rico Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' 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...) Lawrence v. Texas, 539 U.S. 558 (2003), is a landmark decision of the U.S. Supreme Court in which the Court ruled that U.S. state laws criminalizing sodomy between consenting adults are unconstitutional. The Court reaffirmed the concept of a "right to privacy" that earlier cases had found the U.S. Constitution provides, even though it is not explicitly enumerated. It based its ruling on the notions of personal autonomy to define one's own relationships and of American traditions of non-interference with any or all forms of private sexual activities between consenting adults. In 1998, John Geddes Lawrence Jr., an older white man, was arrested along with Tyron Garner, a younger black man, at Lawrence's apartment in Harris County, Texas. Garner's former boyfriend had called the police, claiming that there was a man with a weapon in the apartment. Sheriff's deputies said they found the men engaging in sexual intercourse. Lawrence and Garner were charged with a misdemeanor under Texas' anti-sodomy law; both pleaded no contest and received a fine. Assisted by the American civil rights organization Lambda Legal, Lawrence and Garner appealed their sentences to the Texas Courts of Appeals, which ruled in 2000 that the sodomy law was unconstitutional. Texas appealed to have the court rehear the case en banc, and in 2001 it overturned its prior judgment and upheld the law. Lawrence appealed this decision to the Texas Court of Criminal Appeals, which denied his request for appeal. Lawrence then appealed to the U.S. Supreme Court, which agreed to hear his case. The Supreme Court struck down the sodomy law in Texas in a 6–3 decision, and by extension invalidated sodomy laws in 13 other states, making all forms of private, consensual non-procreative sexual activities between two consenting individuals of either sex (especially of the same sex) legal in every U.S. state and territory. The Court, with a five-justice majority, overturned its previous ruling on the same issue in the 1986 case Bowers v. Hardwick, where it upheld a challenged Georgia statute and did not find a constitutional protection of sexual privacy. It explicitly overruled Bowers, holding that it had viewed the liberty interest too narrowly. The Court held that intimate consensual sexual conduct was part of the liberty protected by substantive due process under the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution. Lawrence invalidated similar laws throughout the United States that criminalized sodomy between consenting adults acting in private, whatever the sex of the participants. (Full article...) More Did you know (auto-generated) ... that until a 1982 legal decision, women were not permitted to stand at the bar at El Vino in London? ... that under early English common law a person became legally dead when they entered a religious order? ... that President Ieremia Tabai of Kiribati was elected in 1978, 1982, 1983 and 1987, although his eligibility for the fourth term was subject to a legal challenge? ... that Episode 7921 of Neighbours featured Australia's first televised fictional same-sex wedding since the country voted in favour of legalising same-sex marriage? ... that an Australian High Court case found a hotel chain to have used third-party contractors to avoid paying employees their required benefits? ... that Latin legal maxims like casum sentit dominus have been described as "guardians of eternity [...] more lasting than codifications"? 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. Gratian (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) Mill believed law should create happiness. (from Jurisprudence) "With law shall land be built", from the Code of Jutland (1241) above the Copenhagen Court House, Denmark (from Legal history) 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) Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary) 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) Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence) 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) 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) Corpus Iuris Civilis, 1607 (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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