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 Bricker Amendment is the collective name of a number of slightly different proposed amendments to the United States Constitution considered by the United States Senate in the 1950s. None of these amendments ever passed Congress. Each of them would require explicit congressional approval, especially for executive agreements that did not require the Senate's two-thirds approval for treaty. They are named for their sponsor, conservative Republican Senator John W. Bricker of Ohio, who distrusted the exclusive powers of the president to involve the United States beyond the wishes of Congress. American entry into World War II led to a new sense of internationalism opposed by many conservatives. Frank E. Holman, president of the American Bar Association (ABA), called attention to federal court decisions, notably Missouri v. Holland, which he claimed could give international treaties and agreements precedence over the United States Constitution and could be used by foreigners to threaten American liberties. Bricker was influenced by the ABA's work and first introduced a proposed constitutional amendment in 1951. With substantial popular support and the election of a Republican president and Congress in the elections of 1952, together with support from many Southern Democrats, Bricker's plan seemed destined to pass Congress by the necessary two-thirds vote and be sent to the individual states for ratification by three-fourths of the state legislatures. The best-known version of the Bricker Amendment, considered by the Senate in 1953–54, declared that no treaty could be made by the United States that conflicted with the Constitution; treaties could not be self-executing without the passage of separate enabling legislation through Congress; and treaties could not give Congress legislative powers beyond those specified in the Constitution. It also limited the president's power to enter into executive agreements with foreign powers. (Full article...) Selected biography Cesare Bonesana di Beccaria, Marquis of Gualdrasco and Villareggio (Italian: [ˈtʃeːzare bekkaˈriːa, ˈtʃɛː-]; 15 March 1738 – 28 November 1794) was an Italian criminologist, jurist, philosopher, economist, and politician who is widely considered one of the greatest thinkers of the Age of Enlightenment. He is well remembered for his treatise On Crimes and Punishments (1764), which condemned torture and the death penalty, and was a founding work in the field of penology and the classical school of criminology. Beccaria is considered the father of modern criminal law and the father of criminal justice. According to John Bessler, Beccaria's works had a profound influence on the Founding Fathers of the United States. (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 Obscene Publications Act 1959 (7 & 8 Eliz. 2. c. 66) is an Act of Parliament of the United Kingdom Parliament, which significantly reformed the law related to obscenity in England and Wales. Before the passage of the Act, the law on publishing obscene materials was governed by the common-law case of R v Hicklin, which had no exceptions for artistic merit or the public good. During the 1950s, the Society of Authors formed a committee to recommend reform of the existing law, submitting a draft bill to the Home Office in February 1955. After several failed attempts to push a bill through Parliament, a committee wrote a viable bill, which was introduced to Parliament by Roy Jenkins and given royal assent on 29 July 1959, coming into force on 29 August 1959 as the Obscene Publications Act 1959. With the committee consisting of both censors and reformers, the actual reform of the law was limited, with several extensions of police powers included in the final version. The Act created a new offence, that of publishing obscene material, and repealed the common-law offence of obscene libel, which was previously used. The Act also allows Justices of the Peace to issue warrants for the police seizure of such materials. It also creates two defences, those of innocent dissemination and of the public good. The Act has been used in several high-profile cases, such as the trials of Penguin Books for publishing Lady Chatterley's Lover and Oz for the Schoolkids OZ issue. (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 Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. Jawaharlal Nehru at the Allahabad High Court Jeremy Bentham's writings influenced law for generations. The Langdell Library of Harvard Law School A courtroom in Tokyo, Japan The defendants sitting in the dock during the Nuremberg Trials Painting of a jury deliberating Justices of the Supreme Court of the United States as of October 2020 Statue of Lady Justice holding scales The Constitution of India The first Supreme Court of Puerto Rico Signing of the Magna Carta Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash 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...) The Smith Act trials of Communist Party leaders in New York City from 1949 to 1958 were the result of US federal government prosecutions in the postwar period and during the Cold War between the Soviet Union and the United States. Leaders of the Communist Party of the United States (CPUSA) were accused of violating the Smith Act, a statute that prohibited advocating violent overthrow of the government. The defendants argued that they advocated a peaceful transition to socialism, and that the First Amendment's guarantee of freedom of speech and of association protected their membership in a political party. Appeals from these trials reached the US Supreme Court, which ruled on issues in Dennis v. United States (1951) and Yates v. United States (1957). The first trial of eleven communist leaders was held in New York in 1949; it was one of the lengthiest trials in United States history. Numerous supporters of the defendants protested outside the courthouse on a daily basis. The trial was featured twice on the cover of Time magazine. The defense frequently antagonized the judge and prosecution; five defendants were jailed for contempt of court because they disrupted the proceedings. The prosecution's case relied on undercover informants, who described the goals of the CPUSA, interpreted communist texts, and testified of their own knowledge that the CPUSA advocated the violent overthrow of the US government. While the first trial was under way, events outside the courtroom influenced public perception of communism: the Soviet Union tested its first nuclear weapon, and communists prevailed in the Chinese Civil War. In this period, the House Un-American Activities Committee (HUAC) had also begun conducting investigations and hearings of writers and producers in Hollywood suspected of communist influence. Public opinion was overwhelmingly against the defendants in New York. After a 10-month trial, the jury found all 11 defendants guilty. The judge sentenced them to terms of up to five years in federal prison, and sentenced all five defense attorneys to imprisonment for contempt of court. Two of the attorneys were subsequently disbarred. (Full article...) More Did you know (auto-generated) ... that thanks to the advocate general's opinion, one is likely to know the outcome of a court case before the European Court of Justice before it even starts drafting the ruling? ... that Australia-born rugby union player Jason Jones-Hughes was the subject of a protracted legal battle over his international eligibility after Wales called him up for the 1999 Rugby World Cup? ... that the 2024 U.S. Supreme Court case Department of State v. Muñoz decided that the fundamental right to marry does not give a U.S. citizen a right to challenge their spouse's visa denial? ... that despite being legally available in most cases, abortion in Taiwan is still criminalized under the penal code? ... that a judge compared the bankruptcy fraud of an Ohio TV station to a 1601 English court case? ... that according to one legal scholar, "no intelligent lawyer could well practice without" the books of Joseph Kinnicutt Angell? 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. 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) Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law) Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence) 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) Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence) Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary) Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence) Gratian (from Judiciary) Aristotle, by Francesco Hayez (from Jurisprudence) Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence) Corpus Iuris Civilis, 1607 (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) 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. 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