Portal:Law

The Law Portal Lady Justice, often used as a personification of the law, holding a sword in one scales in the other. The law is legislation created and enforced through 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 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 serves as a mediator of relations between people. Legal systems vary between countries, 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 make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Historically, religious law influenced secular matters, and is still used 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. Law's scope can be divided into two domains. Public law concerns government and society, including constitutional law, administrative law, and criminal law. Private law deals with legal disputes between individuals and/or organisations 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. Law provides a source of scholarly inquiry into legal history, philosophy, economic analysis and sociology. Law also raises important and complex issues concerning equality, fairness, and justice. (Full article...) Selected article LatinoJustice PRLDEF, long known by its former name the Puerto Rican Legal Defense and Education Fund, is a New York-based national civil rights organization with the goal of changing discriminatory practices via advocacy and litigation. Privately funded, nonprofit and nonpartisan, it is part of the umbrella Leadership Conference on Civil and Human Rights. The Puerto Rican Legal Defense and Education Fund was founded in 1972 by three lawyers, one of whom, Cesar A. Perales, became the president of the group for much of its history. PRLDEF played a key role in the installation of bilingual education in New York City schools, and soon became the most important legal advocacy group for Puerto Ricans in the U.S. mainland. The group became known for the part it played in redistricting battles, for its opposition to civil service exams it thought discriminatory, and for its attempts to combat anti-Latino sentiment especially as arising from the debate over immigration to the U.S. It changed its name to the current one in 2008 in order to reflect demographic shifts in the Latino population in New York and elsewhere. (Full article...) (more...) Selected biography Scipio Africanus Jones (August 3, 1863 – March 2, 1943) was an American educator, lawyer, judge, philanthropist, and Republican politician from the state of Arkansas. He was most known for having guided the appeals of the twelve African-American men condemned to death after the Elaine Massacre of October 1919. More than one hundred African Americans were indicted in the aftermath of the riot, although an estimated one hundred to two hundred Black Americans were killed in the county, along with five whites. No whites were prosecuted by the state. The case was appealed to the United States Supreme Court, which in Moore v. Dempsey (1923) set a precedent of reviewing the conduct of state criminal trials against the Due Process Clause of the Fourteenth Amendment to the United States Constitution. Born into slavery in Smith Township near Tulip in Dallas County in south Arkansas, Jones became a successful and powerful businessman. Jones was the first lawyer in Arkansas to raise the question that African Americans had not been permitted to serve on grand juries and petit juries. In 1915, Jones broke a color barrier when he was appointed to serve as acting judge of the Little Rock police court, presiding over a case in which all the parties were blacks, as were the witnesses and attorneys except the city attorney, who supported having a Negro judge preside at this particular trial. Jones also represented Negro Shriners as part of a successful defense against efforts to keep them from using the name and paraphernalia of the Shriners organization. (Full article...) (more...) What is a statute? A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. (Full article...) Learn more about statutes... Following is an example of a noted statute or comparable written law: The Representation of the People Act 1832 (also known as the 1832 Reform Act, Great Reform Act or First Reform Act) was an Act of Parliament of the United Kingdom (indexed as 2 & 3 Will. IV c. 45) that introduced major changes to the electoral system of England and Wales. It abolished tiny districts, gave representation to cities, gave the vote to small landowners, tenant farmers, shopkeepers, householders who paid a yearly rental of £10 or more, and some lodgers. Only qualifying men were able to vote; the Act introduced the first explicit statutory bar to women voting, by defining a voter as a male person. It was designed to correct abuses – to "take effectual Measures for correcting divers Abuses that have long prevailed in the Choice of Members to serve in the Commons House of Parliament". Before the reform, most members nominally represented boroughs. The number of electors in a borough varied widely, from a dozen or so up to 12,000. Frequently the selection of Members of Parliament (MPs) was effectively controlled by one powerful patron: for example Charles Howard, 11th Duke of Norfolk, controlled eleven boroughs. Criteria for qualification for the franchise varied greatly among boroughs, from the requirement to own land, to merely living in a house with a hearth sufficient to boil a pot. (Full article...) (more...) Did you know... ... that the non-payment of debts is the archetype for the seventeen other Hindu titles of law, including that of sexual crimes against women? ... that the case Carlill v Carbolic Smoke Ball Co established the precedents for UK contract law? ... that Swarup Rani Nehru (pictured)appealed to women to make salt in defiance of the salt laws in British India? ... that although the Chancery Amendment Act 1858 was repealed in the United Kingdom, it is still valid in the Republic of Ireland and parts of Canada? ... that freedom of religion in Singapore, which is guaranteed by Article 15 of the Constitution of Singapore, may be restricted by a general law relating to public order, public health or morality? ... that Peter Rosted served as chief judge at Norway's Inderøy District Court for 46 years, from 1733 to 1776? ... that the Alaska Native Claims Settlement Act extinguished all aboriginal title in Alaska? Selected images Jawaharlal Nehru at the Allahabad High Court. Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. A courtroom in Tokyo, Japan. The Constitution of India. Statue of Lady Justice holding scales. The Langdell Library of Harvard Law School. Jeremy Bentham's writings influenced law for generations. The first Supreme Court of Puerto Rico. Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' Painting of a jury deliberating. King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash. Justices of the Supreme Court of the United States as of October 2020. The defendants sitting in the dock during the Nuremberg Trials. Signing of the Magna Carta. Public hearing at the International Court of Justice in The Hague. What is case law? Case law, also used interchangeably with common law, is law that is based on precedents (previous judicial decisions) rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a 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. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. (Full article...) Learn more about case law... For examples of noted cases, see Lists of case law. Following is one example of such a noted case: R v Baillie, also known as the Greenwich Hospital Case, was a 1778 prosecution of Thomas Baillie for criminal libel. The case initiated the legal career of Thomas Erskine. Baillie, the Lieutenant-Governor of the Greenwich Hospital for Seamen, a facility for injured or pensioned off seamen, had noted irregularities and corruption in the hospital, which was formally run by the Earl of Sandwich. After his official reporting of the problems failed to bring about reform in the hospital, Baillie published a pamphlet that was critical of the hospital's officers, alleging that Sandwich had given appointments to pay off political debts; Sandwich ignored the pamphlet but ensured that Baillie was indicted for criminal libel. Baillie hired five barristers, including Erskine, then newly called to the Bar, and appeared before Lord Mansfield in the Court of King's Bench on 23 November 1778. After four of the barristers had spoken, Mansfield announced that the court session would resume the next morning rather than continue into the night, which gave Erskine the time he needed to present a full speech rather than a brief comment. In it he accused Sandwich of cowardice and of orchestrating the attack on Baillie, arguing that Baillie was merely doing his duty by attempting to bring the problems with the hospital into the public eye, and was therefore not acting in bad faith. If the issues with the hospital were not acknowledged, Erskine claimed, the Royal Navy would be "crippled by abuses", with seamen no longer willing to risk their lives for a fleet that would fail to treat them well in their retirement. Erskine was successful in having Baillie found not guilty, and after leaving the court was met with a standing ovation; Emory Speer writes that "It is probably true that never did a single speech so completely ensure professional success". (Full article...) (more...) 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