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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...)

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Selected article

The Bill of Middlesex was a legal fiction used by the Court of King's Bench to gain jurisdiction over cases traditionally in the remit of the Court of Common Pleas. Hinging on the King's Bench's remaining criminal jurisdiction over the county of Middlesex, the Bill allowed it to take cases traditionally in the remit of other common law courts by claiming that the defendant had committed trespass in Middlesex. Once the defendant was in custody, the trespass complaint would be quietly dropped and other complaints (such as debt or detinue) would be substituted.

The bill was part of a large reform movement to prevent equitable courts such as the Court of Chancery from undermining their business. It was far cheaper and faster than the older equivalents used by the Chancery and Common Pleas, leading to a drop in their business and an increase in that of the King's Bench. As such, the Chancery issued injunctions in an ineffective attempt to prevent its use. The Bill was finally abolished by the Uniformity of Process Act 1832.

As a result of reforming actions such as the Bill of Middlesex, the Common Pleas became increasingly conservative and resistant to King's Bench changes because of the impact they had on the business of the Common Pleas. This was best emphasised by Slade's Case, a struggle between the old and new forms of suing for breach of contract; although an equilibrium between the common law courts was finally reached, it eventually led to their dissolution with the Supreme Court of Judicature Act 1873, and merger into a single High Court of Justice. (Full article...)

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Selected biography

Sherman "Shay" Minton (October 20, 1890 – April 9, 1965) was a United States senator from Indiana and later an associate justice of the Supreme Court of the United States. He was a member of the Democratic Party.

After attending college and law school, Minton served as a captain in World War I, following which he launched a legal and political career. In 1930, after multiple failed election attempts, and serving as a regional leader in the American Legion, he became a utility commissioner under the administration of Paul V. McNutt, Governor of Indiana. Four years later, Minton was elected to the United States Senate. During the campaign, he defended New Deal legislation in a series of addresses in which he suggested it was not necessary to uphold the United States Constitution during the Great Depression. Minton's campaign was denounced by his political opponents, and he received more widespread criticism for an address that became known as the "You Cannot Eat the Constitution" speech. As part of the New Deal Coalition, Minton championed President Franklin D. Roosevelt's unsuccessful court packing plans in the Senate and became one of his top Senate allies.

After Minton failed in his 1940 Senate reelection bid, Roosevelt appointed him as a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit. After Roosevelt's death, President Harry S. Truman, who had developed a close friendship with Minton during their time together in the Senate, nominated him to the Supreme Court. He was confirmed by the Senate on October 4, 1949, by a vote of 48 to 16, 15 Republicans and one Democrat (Harry Flood Byrd of Virginia) voting against him. He served on the Supreme Court for seven years. An advocate of judicial restraint, Minton was a regular supporter of the majority opinions during his early years on the Court; he became a regular dissenter after President Dwight Eisenhower's appointees altered the court's composition. In 1956, poor health forced Minton to retire, after which he traveled and lectured until his death in 1965. (Full article...)

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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 Variation of Trusts Act 1958 (c 62) is an Act of the Parliament of the United Kingdom that governs the courts' ability to vary the terms of trust documents. Prior to the 1950s, the courts were willing to approve "compromise" agreements as to what terms meant, not only when they were disputed but also for the benefit of certain parties, such as minors. In 1954, the House of Lords decided in Chapman v Chapman that this would no longer be permitted, creating a gap between the rights of trusts under the Settled Land Act 1925 (which could be altered if there was a flaw) and those trusts that were not (which were affected by the Chapman decision). As a result, following a report by the Law Reform Committee, Petre Crowder introduced the Variation of Trusts Bill to Parliament, where it was given the Royal Assent on 23 July 1958, and came into force as the Variation of Trusts Act 1958.

The Act gave the courts near-unlimited discretion to approve "compromise" agreements, for the benefit of infants or other incapable individuals, for individuals who may become beneficiaries, or for unborn beneficiaries. The courts are also able to approve agreements for individuals who may be beneficiaries under protective trusts, with no requirement that the alterations be for their benefit. The courts have interpreted the Act's scope fairly widely, stating that almost any "variation" is acceptable, and that "benefit" may mean not just a financial benefit, but also a social or moral one. Despite initial fears that it would allow tax planners another way to hide funds and create a back-and-forth fight between the Chancery Division and Parliament, the Act was met with general approval. The ability of the courts to alter trustees' investment powers under the Act was criticised as slow and expensive, and as a result this is now covered by the Trustee Investments Act 1961. (Full article...)

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Did you know...

... that the Lauterpacht Centre for International Law was named after its founder Sir Elihu Lauterpacht and his father Sir Hersch Lauterpacht?

... that Guido Jung was dismissed from the Royal Italian Army after the enactment of the Italian Racial Laws despite having served as Minister of Finance under Mussolini?

... that in the Bancoult litigation, the English courts and government first decided that the Chagossians could return home (pictured), then that they couldn't, then that they could, and then that they couldn't?

... that the tenor Alfred Vökt, who performed in the premiere of Henze's Il re cervo, had a Doctor of Law degree?

... that the General Alliance against Racism and for Respect for French and Christian Identity sued Le Figaro for defamation against Catholics?

... that martial law was declared in Russell County, Alabama in 1954 after the assassination of Attorney General candidate Albert Patterson?

... that the year and a day rule regarding homicide was abolished because of advances in medicine and forensic science?

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Selected images

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

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...)

Palsgraf v. Long Island Railroad Co., 248 N.Y. 339, 162 N.E. 99 (1928), is a leading case in American tort law on the question of liability to an unforeseeable plaintiff. The case was heard by the New York Court of Appeals, the highest state court in New York; its opinion was written by Chief Judge Benjamin Cardozo, a leading figure in the development of American common law and later a United States Supreme Court justice.

The plaintiff, Helen Palsgraf, was waiting at a Long Island Rail Road station in August 1924 while taking her daughters to the beach. Two men attempted to board the train before hers; one (aided by railroad employees) dropped a package that exploded, causing a large coin-operated scale on the platform to hit her. After the incident, she began to stammer, and subsequently sued the railroad, arguing that its employees had been negligent while assisting the man, and that she had been harmed by the neglect. In May 1927 she obtained a jury verdict of $6,000, which the railroad appealed. Palsgraf gained a 3–2 decision in the Appellate Division, and the railroad appealed again. Cardozo wrote for a 4–3 majority of the Court of Appeals, ruling that there was no negligence because the employees, in helping the man board, did not have a duty of care to Palsgraf as injury to her was not a foreseeable harm from aiding a man with a package. The original jury verdict was overturned, and the railroad won the case.

A number of factors, including the bizarre facts and Cardozo's outstanding reputation, made the case prominent in the legal profession, and it remains so, taught to most if not all American law students in torts class. Cardozo's conception, that tort liability can only occur when a defendant breaches a duty of care the defendant owes to a plaintiff, causing the injury sued for, has been widely accepted in American law. In dealing with proximate cause, many states have taken the approach championed by the Court of Appeals' dissenter in Palsgraf, Judge William S. Andrews. (Full article...)

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See also: Lists of case law

More Did you know (auto-generated)

... that the UFC's Dana White said that EliteXC: Heat was "fucking illegal" over allegations of fight tampering in the main event involving Kimbo Slice?
... that a Canadian Supreme Court case about administrative law granted citizenship to a child of covert Russian agents?
... that the judiciary of the Philippines has recognized the legal standing of dolphins?
... that Jenna Ellis was a stern critic of Donald Trump before she became his legal adviser?
... that in the 2021 case Fedotova and Others v. Russia, the European Court of Human Rights unanimously ruled that lack of legal recognition for same-sex couples violated human rights?
... that the producers of the 1990 American comedy film Home Alone were threatened with legal action by the French director of 3615 code Père Noël, who alleged that it was a remake of his film?

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General images

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

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

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