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 Carucage was a medieval English land tax enacted by King Richard I in 1194, based on the size—variously calculated—of the taxpayer's estate. It was a replacement for the danegeld, last imposed in 1162, which had become difficult to collect because of an increasing number of exemptions. Carucage was levied just six times: by Richard in 1194 and 1198; by John, his brother and successor, in 1200; and by John's son, Henry III, in 1217, 1220, and 1224, after which it was replaced by taxes on income and personal property. The taxable value of an estate was initially assessed from the Domesday Survey, but other methods were later employed, such as valuations based on the sworn testimony of neighbours or on the number of plough-teams the taxpayer used. Carucage never raised as much revenue as other taxes, but nevertheless helped to fund several projects. It paid the ransom for Richard's release in 1194 after he was taken prisoner by Leopold V, Duke of Austria; it covered the tax John had to pay King Philip II of France in 1200 on land he inherited in that country; and it helped to finance Henry III's military campaigns in England and on continental Europe. (Full article...) Selected biography Thomas Jefferson Hogg (24 May 1792 – 27 August 1862) was a British barrister and writer best known for his friendship with the Romantic poet Percy Bysshe Shelley. Hogg was raised in County Durham, but spent most of his life in London. He and Shelley became friends while studying at University College, Oxford, and remained close until Shelley's death. During their time at Oxford they collaborated on several literary projects, culminating in their joint expulsion following the publication of an essay titled "The Necessity of Atheism". They remained good friends, but their relationship was sometimes strained because of Hogg's attraction to the women who were romantically involved with Shelley. Hogg became a barrister and met Jane Williams, who had become a close friend of Percy Shelley's shortly before the poet's death. Jane became Hogg's common-law wife and they had two children together. The family settled in London, although Hogg's legal career meant that he often had to travel away from home. While living in London Hogg made the acquaintance of several well-known writers, and he published literary works of his own. He studied Greek literature for much of his life and published several articles on the subject, including two entries in the Encyclopædia Britannica. Most of the fiction he wrote was poorly reviewed. His best-known literary work was The Life of Percy Bysshe Shelley, an unfinished biography of the poet. Although the book was well researched and painted a clear picture of Shelley as a young man, it was criticised for portraying him negatively. Hogg was well connected with Whig politicians. He received an appointment to a government commission on municipal corporations and became a revising barrister. His legal career was moderately successful, but he was often frustrated by his failure to attain his goal of becoming a professor or judge. Nevertheless, he was able to provide for his family thanks to an inheritance and the income from his legal career. (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 Petition of Right, passed on 7 June 1628, is an English constitutional document setting out specific individual protections against the state, reportedly of equal value to Magna Carta and the Bill of Rights 1689. It was part of a wider conflict between Parliament and the Stuart monarchy that led to the 1639 to 1653 Wars of the Three Kingdoms, ultimately resolved in the 1688–89 Glorious Revolution. Following a series of disputes with Parliament over granting taxes, in 1627 Charles I imposed "forced loans", and imprisoned those who refused to pay, without trial. This was followed in 1628 by the use of martial law, forcing private citizens to feed, clothe and accommodate soldiers and sailors, which implied the king could deprive any individual of property, or freedom, without justification. It united opposition at all levels of society, particularly those elements the monarchy depended on for financial support, collecting taxes, administering justice etc, since wealth simply increased vulnerability. (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 The defendants sitting in the dock during the Nuremberg Trials The Constitution of India Signing of the Magna Carta Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. The Langdell Library of Harvard Law School Legal systems of the world Jawaharlal Nehru at the Allahabad High Court The first Supreme Court of Puerto Rico A courtroom in Tokyo, Japan King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash Statue of Lady Justice holding scales Jeremy Bentham's writings influenced law for generations. Justices of the Supreme Court of the United States as of October 2020 Painting of a jury deliberating 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...) Miranda v. Arizona, 384 U.S. 436 (1966), was a landmark decision of the U.S. Supreme Court in which the Court ruled that law enforcement in the United States must warn a person of their constitutional rights before interrogating them, or else the person's statements cannot be used as evidence at their trial. Specifically, the Court held that under the Fifth Amendment to the U.S. Constitution, the government cannot use a person's statements made in response to an interrogation while in police custody as evidence at the person's criminal trial unless they can show that the person was informed of the right to consult with a lawyer before and during questioning, and of the right against self-incrimination before police questioning, and that the defendant not only understood these rights but also voluntarily waived them before answering questions. Miranda was viewed by many as a radical change in American criminal law, since the Fifth Amendment was traditionally understood only to protect Americans against formal types of compulsion to confess, such as threats of contempt of court. It has had a significant impact on law enforcement in the United States, by making what became known as the Miranda warning part of routine police procedure to ensure that suspects were informed of their rights, which would become known as "Miranda rights". The concept of "Miranda warnings" quickly caught on across American law enforcement agencies, who came to call the practice "Mirandizing". Pursuant to the U.S. Supreme Court decision Berghuis v. Thompkins (2010), criminal suspects who are aware of their right to silence and to an attorney but choose not to "unambiguously" invoke them, may find any subsequent voluntary statements treated as an implied waiver of their rights, and used as or as part of evidence. At least one scholar has argued that Thompkins "fully undermined" Miranda. (Full article...) More Did you know (auto-generated) ... that the pseudonymous manga artist Junichi Yamakawa never disclosed to his editor his legal name, address, or contact information? ... that in the 1951 court case Kuzych v White, on appeal from the British Columbia Court of Appeal, five law lords of the British Judicial Committee ruled in favour of a Communist-led trade union? ... that the legal battle over awarding channel 9 in Orlando, Florida, the longest case in FCC history at the time, filled 55 volumes? ... that Leopoldo Salazar Viniegra laid the foundation for the Reglamento Federal de Toxicomanias, which legalized psychoactive substances in Mexico in 1940? ... that police officers had to be flown in by helicopter to seize hundreds of thousands of dollars' worth of cannabis plants found growing illegally in Jerrawangala National Park? ... that a guerrilla garden established atop an abandoned railroad in Long Island City became legally recognized by the MTA? 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. Oliver Wendell Holmes was a self-styled legal realist. (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) Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence) Aristotle, by Francesco Hayez (from Jurisprudence) 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) Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary) Corpus Iuris Civilis, 1607 (from Judiciary) King John of England signs the Magna Carta (from Legal history) Mill believed law should create happiness. (from Jurisprudence) Gratian (from Judiciary) 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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