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 Tracing is a procedure in English law used to identify property (such as money) which has been taken from the claimant involuntarily or which the claimant wishes to recover. It is not in itself a way to recover the property, but rather to identify it so that the courts can decide what remedy to apply. The procedure is used in several situations, broadly demarcated by whether the property has been transferred because of theft, breach of trust, or mistake. Tracing is divided into two forms, common law tracing and equitable tracing. Common law tracing relies on the claimant having legal ownership of the property, and will fail if the property has been mixed with other property, the legal title has been transferred to the defendant, or the legal title has been transferred by the defendant to any further recipient of the property. Equitable tracing, on the other hand, relies on the claimant having an equitable interest in the property, and can succeed where the property has been mixed with other property. Defences to tracing are possible, particularly if returning the property would harm an innocent defendant, where the claimant has made false representations that the defendant relied on to his detriment, or where the property has been transferred to an innocent third party without anything given to the defendant in return that the claimant could recover in lieu. (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...) House Bill 444 (abbreviated H.B. 444) was a 2009 bill of the Hawaii State Legislature, passed in April 2010 and vetoed by Governor of Hawaii Linda Lingle, that would have legalized civil unions for couples in the state of Hawaii. Its legislative process was accompanied by controversy over the bill's content and effects and rallies were held by supporters and opponents. The bill passed the Hawaii House of Representatives in February 2009 in a form specific to same-sex couples, was passed in amended form including opposite-sex couples by the Hawaii Senate in May 2009, and was carried over in the 2010 session, where it passed the Senate again in January 2010 with a veto-proof majority. The bill moved back to the House but was indefinitely postponed by a voice vote initiated by House Speaker Calvin Say, requiring a vote of two-thirds of Representatives to be taken up again in 2010, and was considered dead. In April 2010, on the last day of the legislative session, the House suspended the rules on the Senate bill and passed it with a majority, sending the bill to Governor Linda Lingle, who vetoed it in July 2010. Hawaii did not allow same-sex marriages or civil unions, but two unmarried people can register for a reciprocal beneficiary relationship, which provides some of the rights and benefits that come with marriage. The bill was written to become law on January 1, 2010, would allow all couples to obtain rights equal to those of married couples, and make Hawaii the only state in the Western United States to allow civil unions instead of domestic partnerships. (Full article...) Did you know... ... that the Digital Switchover (Disclosure of Information) Act 2007 allows social security information to be passed to the BBC? ... that after the crash of United Airlines Flight 297 in 1962, the Federal Aviation Administration created new regulations that required airplanes to better withstand bird strikes? ... that in Re A (conjoined twins) an English court permitted the separation of two conjoined twins knowing that one would die? ... that although Elizabeth Richards Tilton (pictured) was a central figure in a six-month-long trial, she was never allowed to speak in court? ... that under modern principles of vicarious liability in English law, employers are answerable for the intentional wrongdoings of their employees? ... that although John Fortescue listed ten Inns of Chancery, only nine are known? ... that oppositionist delegates to the Philippine Constitutional Convention of 1971 were among the first to be arrested when Ferdinand Marcos declared martial law in the Philippines? Selected images Legal systems of the world The first Supreme Court of Puerto Rico Justices of the Supreme Court of the United States as of October 2020 King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash The defendants sitting in the dock during the Nuremberg Trials Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' Jawaharlal Nehru at the Allahabad High Court Signing of the Magna Carta Jeremy Bentham's writings influenced law for generations. The Constitution of India A courtroom in Tokyo, Japan Statue of Lady Justice holding scales The Langdell Library of Harvard Law School Painting of a jury deliberating 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...) Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), was a landmark decision of the U.S. Supreme Court ruling that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segregated schools are otherwise equal in quality. The decision partially overruled the Court's 1896 decision Plessy v. Ferguson, which had held that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality, a doctrine that had come to be known as "separate but equal". The Court's unanimous decision in Brown, and its related cases, paved the way for integration and was a major victory of the civil rights movement, and a model for many future impact litigation cases. The case originated in 1951 when the public school system in Topeka, Kansas, refused to enroll local black resident Oliver Brown's daughter at the school closest to their home, instead requiring her to ride a bus to a segregated black school farther away. The Browns and twelve other local black families in similar situations filed a class-action lawsuit in U.S. federal court against the Topeka Board of Education, alleging that its segregation policy was unconstitutional. A special three-judge court of the U.S. District Court for the District of Kansas heard the case and ruled against the Browns, relying on the precedent of Plessy and its "separate but equal" doctrine. The Browns, represented by NAACP chief counsel Thurgood Marshall, then appealed the ruling directly to the Supreme Court. (Full article...) More Did you know (auto-generated) ... that many international law experts and states doubt that extended occupations, such as the Israeli occupation of Palestine, can ever be legal? ... that a recent Jersey court case found that the usage of an ancient Norman Clameur de Haro, which includes a recitation of the Lord's Prayer in French to legally apply an injunction, was used incorrectly? ... that after Joseph S. Bartley was sentenced to twenty years in prison for embezzlement, he tried to have himself declared legally dead? ... that fridges filled with "frozen duck" sent to Britain actually contained illegal coins? ... that a complaint over an allegedly illegal transmitter move led to Texas radio station KFQX-FM being forced off the air for four hours in 1988? ... that in the 2021 case Fedotova and Others v. Russia, the European Court of Human Rights unanimously ruled that lack of legal recognition for same-sex couples violated human rights? 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. 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) Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence) Thomas Aquinas was the most influential Western medieval legal scholar. (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) Gratian (from Judiciary) King John of England signs the Magna Carta (from Legal history) Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence) Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary) Corpus Iuris Civilis, 1607 (from Judiciary) Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence) Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law) Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence) Mill believed law should create happiness. (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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Douds American Geophysical Union v. Texaco, Inc. American Taxpayer Relief Act of 2012 Americold Realty Trust v. ConAgra Foods, Inc. Herman Vandenburg Ames Amethyst Initiative Amsterdam sex crimes case An Analysis of the Laws of England An act to regulate the time and manner of administering certain oaths Anarchist Exclusion Act Jeanson James Ancheta Ancillary copyright for press publishers Andean Trade Promotion and Drug Eradication Act Johannes Andenæs Amabel Anderson Arnold David Anderson (judge) Eugene Anderson Joel Anderson Anderson v. Mt. Clemens Pottery Co. Andrew Ang Joseph Kinnicutt Angell Anita Krajnc case Annual Bulletin (Comparative Law Bureau) Anti-Counterfeiting Trade Agreement Anti-homelessness legislation Anti-Superstition and Black Magic Act Anti-defection law (India) Antoine v. Washington Inkeri Anttila Reginald Appleby Appraisal rights Arbitration Act 1979 Mirtha Arce Deborah Archer Archuleta v. Hedrick Argentine quota law Arista Records LLC v. 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Stephen Barnett Amy Coney Barrett Supreme Court nomination Henry Barron (judge) John Vincent Barry Bartley-Fox Law Baseball Rule Basque witch trials Batman's Treaty Batman v. Commissioner Baxter v. United States Bayev and Others v. Russia Walker Keith Baylor Bayonne Statute Hugh Beadle Beard v. Banks Adolf Beck case Beck v. Eiland-Hall Bedding ceremony Beerhouse Act 1830 Fathima Beevi Befehlsnotstand Begging (Prohibition) Act, 1962 Begum v Home Secretary Beijing Treaty on Audiovisual Performances Beilin–Abu Mazen agreement Bell v. Cone Daniel Bellemare Belzer v. Bollea Benelux Court of Justice Cora Agnes Benneson Benson Commission Bensusan Restaurant Corp. v. King Berghuis v. Thompkins Bergregal Jessica Berman Donald N. Bersoff The Best American Magazine Writing 2007 Best Bakery case William Beverley Beyond the First Amendment Rana Bhagwandas Bierut Decree Big Apple Pothole and Sidewalk Protection Committee Bigby v. Dretke Harry Bigelow Bill Graham Archives v. Dorling Kindersley, Ltd. 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Bridgewater Lorentz Brinch 2011 British privacy injunctions controversy Broccoli mandate Treaty of Bromberg Bronfman kidnapping Bronston v. United States Janine Brookner Bropho v Western Australia Brown Dog affair Raymond A. Brown Brown v. Hotel and Restaurant Employees Brown v. Entertainment Merchants Association Brown v. Maryland John Edward Brownlee sex scandal Buchwald v. Paramount Buckeye Check Cashing, Inc. v. Cardegna Budget Control Act of 2011 Bug River property Dagmar Burešová Jon Burge Burgos trials Burning of women in England Daniel Higford Davall Burr Burton v. United States By-elections in Singapore Byelaws in the United Kingdom Peter Bynoe Byron v. 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Southeast Alaska Conservation Council Barry Cohen (attorney) Morris L. Cohen Coleman v. Schwarzenegger Collaborative practice agreement College Network, Inc. v. Moore Educational Publishers, Inc. The Color of Law Coloured vote constitutional crisis Columbia Journal of Environmental Law Columbia Pictures Industries, Inc. v. Fung Dan Jack Combs Sara Walter Combs Commission Directive 91/71/EEC Commissioner of Taxation v La Rosa Common land Commonwealth Edison Co. v. Montana Commonwealth v. Dent Communications Workers of America v. Beck Communist crimes (Polish legal concept) Community court Community design Compagnie Francaise de Navigation a Vapeur v. Louisiana Board of Health Comparative hearing Competency evaluation (law) Comptroller of the Treasury of Maryland v. Wynne CompuServe Inc. v. Cyber Promotions, Inc. 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