Portal:Law

Portal topics: Activities; Culture; Geography; Health; History; Mathematics; Nature; People; Philosophy; Religion; Society; Technology; Random portal

The Law Portal

Lady Justice, often used as a personification of the law, holding a sword in one scales in the other.

Law is a system of rules 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. (Full article...)

Refresh with new selections below (purge)

Selected article

In English law, secret trusts are a class of trust defined as an arrangement between a testator and a trustee, made to come into force after death, that aims to benefit a person without having been written in a formal will. The property is given to the trustee in the will, and he would then be expected to pass it on to the real beneficiary. For these to be valid, the person seeking to enforce the trust must prove that the testator intended to form a trust, that this intention was communicated to the trustee, and that the trustee accepted his office. There are two types of secret trust — fully secret and half-secret. A fully secret trust is one with no mention in the will whatsoever. In the case of a half-secret trust, the face of the will names the trustee as trustee, but does not give the trust's terms, including the beneficiary. The most important difference lies in communication of the trust: the terms of a half-secret trust must be communicated to the trustee before the execution of the will, whereas in the case of a fully secret trust the terms may be communicated after the execution of the will, as long as this is before the testator's death.

Secret trusts do not comply with the formality requirements (such as witnessing) laid down in the Wills Act 1837. Despite this, the courts have chosen to uphold them as valid. Although various justifications have been given for this, they are generally categorised as either based on preventing fraud, or as regarding secret trusts as outside (dehors) the operation of the Wills Act. The first is considered the traditional approach – if the courts do not recognise secret trusts, the trustee given the property in the will would be able to keep it for himself, committing fraud. The fraud theory utilises the equitable maxim that "equity will not allow a statute to be used as a cloak for fraud". A more modern view is that secret trusts exist outside the will altogether, and thus do not have to comply with it. Accepting this theory would undermine the operation of the Wills Act, since the Wills Act is designed to cover all testamentary dispositions. To avoid this problem, one approach has been to reclassify the secret trust as inter vivos ("between the living") but this creates other problems. There have also been attempts to conclude that half-secret trusts rest on a different basis to fully secret trusts, although this has been disapproved by the House of Lords, primarily on practical grounds. (Full article...)

See all selected articles

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...)

See all selected biographies

Selected 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...)

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 selected statutes

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?

More did you know facts

Selected images

Image 1Jawaharlal Nehru at the Allahabad High Court
Image 2A courtroom in Tokyo, Japan
Image 3The Langdell Library of Harvard Law School
Image 4Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law'
Image 5Signing of the Magna Carta
Image 6King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash
Image 7The defendants sitting in the dock during the Nuremberg Trials
Image 8Statue of Lady Justice holding scales
Image 9Justices of the Supreme Court of the United States as of October 2020
Image 10Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis.
Image 11Painting of a jury deliberating
Image 12Legal systems of the world
Image 13Jeremy Bentham's writings influenced law for generations.
Image 14The first Supreme Court of Puerto Rico
Image 15The Constitution of India

Selected case

Case law, also used interchangeably with common law, is 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 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 Home Affairs ex parte O'Brien [1923] 2 KB 361 was a 1923 test case in English law that sought to have the internment and deportation of Irish nationalist sympathisers earlier that year declared legally invalid. In March 1923 between 80 and 100 suspected Irish nationalists in Britain were arrested by the police and sent to the Irish Free State under the Restoration of Order in Ireland Act 1920 (ROIA). One of the detainees, Art O'Brien, challenged his detention in a test case at the Divisional Court. The case eventually went to both the Court of Appeal and House of Lords, who decided that the internments were illegal because the Irish Free State was an independent nation and so British Acts of Parliament no longer applied to it.

The decision effectively illegalised the ROIA and led to the immediate release of O'Brien and the other detained individuals, who sued the British Government for false imprisonment. The government pushed through the Restoration of Order in Ireland (Indemnity) Act 1923, which limited the money they had to pay the detainees, who eventually received £43,000. O'Brien himself was re-arrested and found guilty of sedition, and was imprisoned until 1924. (Full article...)

More selected cases
See also: Lists of case law

More Did you know (auto-generated)

... that Western Australia was the second Australian state to legalise voluntary assisted dying?
... that in UK elections, it is illegal for candidates to treat the voters?
... that The Outdoor Circle opposed a 2009 visit to Hawaii by the Wienermobile, believing its presence in the state was illegal?
... that after studying excavated legal documents from the ancient Qin dynasty, Gao Heng concluded that Qin's sentence of penal servitude was a lifelong punishment?
... that it was once illegal for civilians to pass U.S. military vehicles on Japan National Route 58?
... that Dutch physician Aletta Jacobs's legal challenge to be added to the Amsterdam electoral rolls backfired, leading to a constitutional amendment granting voting rights to men only?

Legal news

Wikinews Crime and law portal

Related portals

General images

The following are images from various law-related articles on Wikipedia.

Image 1Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law. (from Canon law)
Image 2Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence)
Image 3Mill believed law should create happiness. (from Jurisprudence)
Image 4The 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)
Image 5The Commonwealth Law Courts Building in Melbourne, the location of the Melbourne branches of the Federal Circuit Court of Australia, the Federal Court of Australia, the Family Court of Australia, as well as occasional High Court of Australia sittings (from Judiciary)
Image 6Aristotle, by Francesco Hayez (from Jurisprudence)
Image 7Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence)
Image 8Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence)
Image 9Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence)
Image 10Gratian (from Judiciary)
Image 11Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary)
Image 12Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence)
Image 13King John of England signs the Magna Carta (from Legal history)
Image 14Corpus Iuris Civilis, 1607 (from Judiciary)

Topics

Quality content

Extended content

This is a list of recognized content, updated weekly by JL-Bot (talk · contribs). There is no need to edit the list yourself. If an article is missing from the list, make sure it is tagged (e.g. {{WikiProject Law}}) or categorized correctly. See WP:RECOG for configuration options.