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 Marwa Ali El-Sherbini (Arabic: مروة على الشربيني), was an Egyptian woman and German resident who was killed in 2009 during an appeal hearing at a court of law in Dresden, Germany, when she was three months pregnant. She was stabbed by Alex Wiens, an ethnic German immigrant from Russia against whom she had testified in a criminal case for verbal abuse. El-Sherbini's husband, who was present at the hearing, tried to intervene. He too was repeatedly stabbed by Wiens and was then mistakenly shot and wounded by a police officer who was called to the court room. Wiens was arrested at the crime scene and subsequently tried for murder and attempted murder. He was found guilty of both charges; it was also found that Wiens's actions constituted a heinous crime, because they were committed in front of a child, against two people, in a court of law, and fulfilled the murder criterion of treacherousness, such as hatred against foreigners. Wiens was sentenced to life imprisonment. The death of El-Sherbini immediately resulted in international reactions, with the most vocal responses coming from predominantly Muslim nations. The Egyptian public and media focused attention on the religious and racial hatred aspect of the killing, especially as the initial confrontation between the victim and perpetrator had happened because she wore an Islamic headscarf. In response to anti-German sentiments and public protests in Egypt and other countries, the German government issued a statement of condolence nine days after the incident. Wiens's trial for murder and attempted murder occurred under strict security measures and was observed by national and international media, diplomats and legal experts. (Full article...) Selected biography The Jena Six were six black teenagers in Jena, Louisiana, convicted in the 2006 beating of Justin Barker, a white student at the local Jena High School, which they also attended. Barker was injured on December 4, 2006 by the members of the Jena Six, and received treatment at an emergency room. While the case was pending, it was often cited by some media commentators as an example of racial injustice in the United States. Some commentators believed that the defendants had been charged initially with too-serious offenses and had been treated unfairly. A number of events had taken place in and around Jena in the months before the Barker assault, which the media have associated with an alleged escalation of local racial tensions. These events included: the hanging of rope nooses from a tree in the high school courtyard, two violent confrontations between white and black youths, and the destruction by fire of the main building of Jena High School. Extensive news coverage related to the Jena Six often reported these events as linked. Federal and parish attorneys concluded from their investigations that assessment was inaccurate for some of the events; for instance, the burning of the high school was an attempt to destroy grade records. (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 Parliament Acts 1911 and 1949 are two Acts of the Parliament of the United Kingdom, which form part of the constitution of the United Kingdom. Section 2(2) of the Parliament Act 1949 provides that the two Acts are to be construed as one. The Parliament Act 1911 (1 & 2 Geo. 5. c. 13) asserted the supremacy of the House of Commons by limiting the legislation-blocking powers of the House of Lords (the suspensory veto). Provided the provisions of the Act are met, legislation can be passed without the approval of the House of Lords. Additionally, the 1911 Act amended the Septennial Act 1716 to reduce the maximum life of a Parliament from seven years to five years. The Parliament Act 1911 was amended by the Parliament Act 1949 (12, 13 & 14 Geo. 6. c. 103), which further limited the power of the Lords by reducing the time that they could delay bills, from two years to one. The Parliament Acts have been used to pass legislation against the wishes of the House of Lords on seven occasions since 1911, including the passing of the Parliament Act 1949. Some constitutional lawyers had questioned the validity of the 1949 Act. These doubts were rejected in 2005 when members of the Countryside Alliance unsuccessfully challenged the validity of the Hunting Act 2004, which had been passed under the auspices of the Act. In October 2005, the Appellate Committee of the House of Lords dismissed the Alliance's appeal against this decision, with an unusually large panel of nine Law Lords (out of then-existing twelve) holding that the 1949 Act was a valid Act of Parliament. (Full article...) Did you know... ... that English professor Alice D. Snyder helped lead the campaign that earned New York women the right to vote? ... that per a 2019 Supreme Court ruling, U.S. states are immune from private suits against them in courts of other states without their consent? ... that between 1970 and 1984 the WE Seal of approval program aided in an estimated US$100,000 in restitution being made to collectors of comics and other memorabilia victimized by mail fraud? ... that at oral argument in NIFLA v. Becerra, U.S. Supreme Court Justice Elena Kagan questioned whether a California law was "gerrymandered" in order to discriminate against crisis pregnancy centers? ... that the Constitution of the Kingdom of Poland of 1815, considered among the most liberal constitutions of its time, was increasingly disregarded by the Polish government, leading to the November Uprising of 1830? ... that the red dresses in Métis artist Jaime Black's REDress Project represent the missing and murdered Indigenous women of Canada and the USA? ... that after the death of Olaseni Lewis, who was restrained by 11 police officers, UK law was changed to require police to wear body cameras when dealing with vulnerable people? Selected images Justices of the Supreme Court of the United States as of October 2020 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' Legal systems of the world The first Supreme Court of Puerto Rico King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash Jawaharlal Nehru at the Allahabad High Court The Langdell Library of Harvard Law School The Constitution of India A courtroom in Tokyo, Japan Painting of a jury deliberating Statue of Lady Justice holding scales Signing of the Magna Carta Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. Jeremy Bentham's writings influenced law for generations. 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...) R v Secretary of State for Foreign and Commonwealth Affairs, ex parte Bancoult (No 2) [2008] UKHL 61 is a UK constitutional law case in the House of Lords concerning the removal of the Chagos Islanders and the exercise of the Royal Prerogative. The Chagos Islands, acquired by the United Kingdom in 1814, were reorganised as the British Indian Ocean Territory (BIOT) in 1965 for the purpose of removing its inhabitants. Under a 1971 ordinance, the Chagossians were forcibly removed, and the central island of Diego Garcia leased to the United States for use as a military outpost. In 2000, Olivier Bancoult brought a judicial review claim against the Secretary of State for Foreign and Commonwealth Affairs for the initial ordinance which led to the Chagossian removal. Bancoult sought a writ of certiorari on the grounds that the ordinance was ultra vires ("beyond power" – that is, that the ordinance had been made without legal authority), a claim upheld by both the Divisional Court and the Court of Appeal. In response, Robin Cook, the Foreign Secretary, repealed the 1971 ordinance and announced he would not appeal against the decision, allowing the Chagossians to return home. In 2004, an Order in Council, the British Indian Ocean Territory (Constitution) Order 2004, was produced, again reinstating the off-limits nature of the Chagos Islands. Bancoult brought a second case, arguing that this Order was again ultra vires and unreasonable, and that the British government had violated legitimate expectation by passing the second Order after giving the impression that the Chagossians were free to return home. The new Order was again struck down by the Divisional Court and Court of Appeal before proceeding to the House of Lords where it was heard by Lords Hoffmann, Bingham, Rodger, Carswell and Mance between 30 June and 3 July 2008. In their judgment, issued on 22 October 2008, the Lords decided by a 3–2 majority to uphold the new Order in Council, stating that it was valid and, although judicial review actions could look at Orders in Council, the national security and foreign relations issues in the case barred them from doing so. In addition, Cook's statement had not been clear and unambiguous enough to provide legitimate expectation. (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 the first United States court case to recognize moral rights in authorship involved the use of music by four Soviet composers in the 1948 Cold War film The Iron Curtain? ... that Mabel Cheung won the 5th Hong Kong Film Award for Best Director with her debut film The Illegal Immigrant? ... that Russian money, known as qiang tie by locals, was used as legal currency in some regions of China for decades? ... that the BK inequality was used to identify implausibly lucky Florida Lottery winners, whose involvement in illegal activities was later confirmed by investigations? ... that a number of bus drivers who participated in a strike were unaware that it was illegally held? 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. King John of England signs the Magna Carta (from Legal history) Philosophers of law ask "what is law, and what should it be?" (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) Mill believed law should create happiness. (from Jurisprudence) 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) 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) Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary) Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence) Aristotle, by Francesco Hayez (from Jurisprudence) Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law) 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 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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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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