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 LaRouche criminal trials in the mid-1980s stemmed from federal and state investigations into the activities of American political activist Lyndon LaRouche and members of his movement. They were charged with conspiring to commit fraud and soliciting loans they had no intention of repaying. LaRouche and his supporters disputed the charges, claiming the trials were politically motivated. In 1986, hundreds of state and federal officers raided LaRouche offices in Virginia and Massachusetts. A federal grand jury in Boston indicted LaRouche and 12 associates on credit card fraud and obstruction of justice. The subsequent trial, described as an "extravaganza", was repeatedly delayed and ended in mistrial. Following the mistrial, a federal grand jury in Alexandria, Virginia, indicted LaRouche and six associates. After a short trial in 1988, LaRouche was convicted of mail fraud, conspiracy to commit mail fraud, and tax evasion, and was sentenced to prison for fifteen years. He entered prison in 1989 and was paroled five years later. At the same trial, his associates received lesser sentences for mail fraud and conspiracy. In separate state trials in Virginia and New York, 13 associates received terms ranging from one month to 77 years. The Virginia state trials were described as the highest-profile cases that the state Attorney General's office had ever prosecuted. Fourteen states issued injunctions against LaRouche-related organizations. Three LaRouche-related organizations were forced into bankruptcy after failing to pay contempt of court fines. Defense lawyers filed numerous unsuccessful appeals that challenged the conduct of the grand jury, the contempt fines, the execution of the search warrants and various trial procedures. At least ten appeals were heard by the United States court of appeals, and three were appealed to the U.S. Supreme Court. Former U.S. Attorney General Ramsey Clark joined the defense team for two appeals. Following the convictions, the LaRouche movement mounted failed attempts at exoneration. (Full article...) Selected biography Charles Abbott, 1st Baron Tenterden PC (7 October 1762 – 4 November 1832), was a British barrister and judge who served as Lord Chief Justice of the King's Bench between 1818 and 1832. Born in obscure circumstances to a barber and his wife in Canterbury, Abbott was educated initially at a dame school before moving to The King's School, Canterbury in 1769. He was noted as an excellent student, receiving an exhibition scholarship from the school in March 1781, when he matriculated at Corpus Christi College, Oxford. Here he was elected a fellow, and also served as a tutor to the son of Sir Francis Buller, which first made him consider becoming a barrister. He joined the Middle Temple in 1787, transferring to the Inner Temple in 1793, and was called to the Bar by the Inner Temple in 1796. Abbott was noted as an excellent barrister, earning more than any other during his time at the Bar, despite being considered unimaginative and a poor speaker. He was offered a position as a Justice of the Court of Common Pleas in 1808, which he turned down; he accepted the same offer in 1816, receiving the customary knighthood and being appointed a Serjeant-at-Law. Three months after he started sitting as a judge he was transferred to the Court of King's Bench, where he was initially rather poor, being unfamiliar with the court's business. Within two years he showed "the highest judicial excellence", and when Lord Ellenborough had a stroke in 1818, Abbott was chosen to replace him as Lord Chief Justice. His reign at the head of the Court of King's Bench saw the court flourish, with strong justices and his own much-admired abilities. He was appointed to the peerage in 1827, sitting as Charles Abbott, 1st Baron Tenterden, and initially attended the House of Lords regularly. His opposition to the Reform Act 1832, which he claimed treated city corporations "with absolute contempt", led to his refusal to attend the Lords. Continuing to sit as Lord Chief Justice, Abbott gradually grew weaker, and finally fell ill halfway through a two-day trial. His disease baffled doctors, and he died on 4 November 1832 at his home in Queen Square, London. (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 Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 articles and three annexes, the Basic Law was composed to implement Annex I of the 1984 Sino-British Joint Declaration. The Basic Law was enacted under the Constitution of China when it was adopted by the National People's Congress on 4 April 1990 and came into effect on 1 July 1997 after the handover of Hong Kong. It replaced Hong Kong's colonial constitution of the Letters Patent and the Royal Instructions. (Full article...) Did you know... ... that Dutch physician Aletta Jacobs′ legal challenge to be added to the Amsterdam electoral rolls backfired, leading to a constitutional amendment granting voting rights only to men? ... that in English law, legal relations created in a social context are not considered binding? ... that in 2011, Argentinian lawyer Elsa Kelly (pictured) was appointed the first women judge on the International Tribunal for the Law of the Sea? ... that the English Statute of Enrolments, believed to have been emergency legislation, contains no preamble and was drafted by the Clerk of the House of Commons rather than a legislator? ... that when Henry McCardie was a barrister, he often worked so late that his chambers were nicknamed "the lighthouse", as there was light coming from the windows? ... that the diaries of James Humphreys, the "Emperor of Porn", were used to convict 13 policemen of accepting his bribes? ... that a kidney transplantation scandal led to a 2011 amendment to the law on organ donation in India? Selected images A courtroom in Tokyo, Japan Jeremy Bentham's writings influenced law for generations. Painting of a jury deliberating The Langdell Library of Harvard Law School Statue of Lady Justice holding scales Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' Jawaharlal Nehru at the Allahabad High Court The Constitution of India Signing of the Magna Carta Justices of the Supreme Court of the United States as of October 2020 Legal systems of the world King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash The defendants sitting in the dock during the Nuremberg Trials The first Supreme Court of Puerto Rico Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. 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...) Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd, (Baxter) was a decision of the High Court of Australia, which ruled on 29 August 2007 that Baxter Healthcare Proprietary Limited, a tenderer for various government contracts, was bound by the Trade Practices Act 1974 (TPA, Australian legislation governing anti-competitive behaviour) in its trade and commerce in tendering for government contracts. More generally, the case concerned the principles of derivative governmental immunity: whether the immunity of a government from a statute extends to third parties that conduct business with the government. The High Court's judgment marked a successful appeal for the Australian Competition & Consumer Commission, the Australian regulator of anti-competitive conduct, having lost at first instance and on appeal in the Federal Court of Australia. The ACCC was again successful when the case was remitted to the Federal Court for reconsideration, ending eight years of litigation between the parties. The High Court's judgment was received as a significant precedent in the law of derivative governmental immunity in Australia. (Full article...) More Did you know (auto-generated) ... that Western Australia was the second Australian state to legalise voluntary assisted dying? ... that in Botswana, writer Unity Dow took legal actions as a plaintiff, legal counsellor, and judge to challenge gender discrimination and protect indigenous rights, before becoming a legislator? ... that many international law experts and states doubt that extended occupations, such as the Israeli occupation of Palestine, can ever be legal? ... that Bumper Pool legally changed his name to Bumper when he was 16 because of his father's childhood love for bumper pool? ... that in 2009, residents of Maine voted to repeal a law that would have legalized same-sex marriage? ... that Mabel Cheung won the 5th Hong Kong Film Award for Best Director with her debut film The Illegal Immigrant? 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. Corpus Iuris Civilis, 1607 (from Judiciary) 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) Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence) Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence) Plato (left) and Aristotle (right), a detail of The School of Athens (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) Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary) King John of England signs the Magna Carta (from Legal history) Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence) Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law) Gratian (from Judiciary) Aristotle, by Francesco Hayez (from Jurisprudence) Philosophers of law ask "what is law, and what should it be?" (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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