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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 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 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

A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive without going to courts for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as stare decisis (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance).

Case law, in common-law jurisdictions, is the set of decisions of adjudicatory tribunals or other rulings that can be cited as precedent. In most countries, including most European countries, the term is applied to any set of rulings on law, which is guided by previous rulings, for example, previous decisions of a government agency. Essential to the development of case law is the publication and indexing of decisions for use by lawyers, courts, and the general public, in the form of law reports. While all decisions are precedent (though at varying levels of authority as discussed throughout this article), some become "leading cases" or "landmark decisions" that are cited especially often.

Generally speaking, a legal precedent is said to be:

applied (if precedent is binding) / adopted (if precedent is persuasive), if the principles underpinning the previous decision are accordingly used to evaluate the issues of the subsequent case;
distinguished, if the principles underpinning the previous decision are found specific to, or premised upon, certain factual scenarios, and not applied to the subsequent case because of the absence or material difference in the latter's facts;
modified, if the same court on determination of the same case on order from a higher court modified one or more parts of the previous decision; or
overruled, if the same or higher courts on appeal or determination of subsequent cases found the principles underpinning the previous decision erroneous in law or overtaken by new legislation or developments.

In contrast, civil law systems adhere to a legal positivism, where past decisions do not usually have the precedential, binding effect that they have in common law decision-making; the judicial review practiced by constitutional courts can be regarded as a notable exception. (Full article...)

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Selected biography

William Mark Felt Sr. (August 17, 1913 – December 18, 2008) was an American law enforcement officer who worked for the Federal Bureau of Investigation (FBI) from 1942 to 1973 and was known for his role in the Watergate scandal. Felt was an FBI special agent who eventually rose to the position of Associate Director, the Bureau's second-highest-ranking post. Felt worked in several FBI field offices prior to his promotion to the Bureau's headquarters. In 1980 he was convicted of having violated the civil rights of people thought to be associated with members of the Weather Underground, by ordering FBI agents to break into their homes and search the premises as part of an attempt to prevent bombings. He was ordered to pay a fine, but was pardoned by President Ronald Reagan during his appeal.

In 2005, at age 91, Felt revealed to Vanity Fair magazine that during his tenure as associate director of the FBI he had been the notorious anonymous source known as "Deep Throat" who provided The Washington Post reporters Bob Woodward and Carl Bernstein with critical information about the Watergate scandal, which ultimately led to the resignation of President Richard Nixon in 1974. Though Felt's identity as Deep Throat was suspected, including by Nixon himself, it had generally remained a secret for 30 years. Felt finally acknowledged that he was Deep Throat after being persuaded by his daughter to reveal his identity before his death. (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...)

Article 9 of the Constitution of the Republic of Singapore, specifically Article 9(1), guarantees the right to life and the right to personal liberty. The Court of Appeal has called the right to life the most basic of human rights, but has yet to fully define the term in the Constitution. Contrary to the broad position taken in jurisdictions such as Malaysia and the United States, the High Court of Singapore has said that personal liberty only refers to freedom from unlawful incarceration or detention.

Article 9(1) states that persons may be deprived of life or personal liberty "in accordance with law". In Ong Ah Chuan v. Public Prosecutor (1980), an appeal to the Judicial Committee of the Privy Council from Singapore, it was held that the term law means more than just legislation validly enacted by Parliament, and includes fundamental rules of natural justice. Subsequently, in Yong Vui Kong v. Attorney-General (2011), the Court of Appeal held that such fundamental rules of natural justice embodied in the Constitution are the same in nature and function as common law rules of natural justice in administrative law, except that they operate at different levels of the legal order. A related decision, Yong Vui Kong v. Public Prosecutor (2010), apparently rejected the contention that Article 9(1) entitles courts to examine the substantive fairness of legislation, though it asserted a judicial discretion to reject bills of attainder and absurd or arbitrary legislation. In the same case, the Court of Appeal held that law in Article 9(1) does not include rules of customary international law.

Other subsections of Article 9 enshrine rights accorded to persons who have been arrested, namely, the right to apply to the High Court to challenge the legality of their detention, the right to be informed of the grounds of arrest, the right to counsel, and the right to be produced before a magistrate within 48 hours of arrest. These rights do not apply to enemy aliens or to persons arrested for contempt of Parliament. The Constitution also specifically exempts the Criminal Law (Temporary Provisions) Act (Cap. 67, 2000 Rev. Ed.), the Internal Security Act (Cap. 143, 1985 Rev. Ed.), and Part IV of the Misuse of Drugs Act (Cap. 185, 2008 Rev. Ed.) from having to comply with Article 9. (Full article...)

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Did you know...

... that Dutch physician Aletta Jacobs′ legal challenge to be added to the Amsterdam electoral rolls backfired, leading to a constitutional amendment granting voting rights only to men?

... that in English law, legal relations created in a social context are not considered binding?

... that in 2011, Argentinian lawyer Elsa Kelly (pictured) was appointed the first women judge on the International Tribunal for the Law of the Sea?

... that the English Statute of Enrolments, believed to have been emergency legislation, contains no preamble and was drafted by the Clerk of the House of Commons rather than a legislator?

... that when Henry McCardie was a barrister, he often worked so late that his chambers were nicknamed "the lighthouse", as there was light coming from the windows?

... that the diaries of James Humphreys, the "Emperor of Porn", were used to convict 13 policemen of accepting his bribes?

... that a kidney transplantation scandal led to a 2011 amendment to the law on organ donation in India?

More did you know facts

Selected images

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

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...)

Greene v Associated Newspapers Ltd [2004] EWCA Civ 1462 is a case of the Court of Appeal of England and Wales that governs the use of injunctions against publication in alleged defamation cases. Greene, a businesswoman, sought an injunction against Associated Newspapers Ltd to prevent them publishing alleged links with Peter Foster; while they claimed to have emails showing links, she asserted that they were false. The test at the time for a preliminary injunction in defamation cases was Bonnard v Perryman, where it was established that the applicant has to show "a real prospect of success" at trial. The Human Rights Act 1998 established that judges should consider whether applicants are "more likely than not" to succeed at trial, a test applied to confidentiality cases in Cream Holdings Ltd v Banerjee and the Liverpool Post and Echo Ltd. Greene claimed that the Cream test should be applied rather than the Bonnard test.

The case first went to the High Court of Justice, where it was heard by Fulford J; he decided that he did not have the authority to overrule Bonnard, and passed the case on to the Court of Appeal after granting a temporary injunction. In the Court of Appeal, the case was heard by May, Dyson and Brooke LJJ, with Brooke delivering the judgment on 5 November 2004. In it, Brooke judged that defamation, the subject of Greene, was significantly different from breach of confidentiality, the subject in Cream. While the damage from a breach of confidentiality can never be undone, justifying a simple test for issuing injunctions, a defamation case that is won vindicates the injured party. Making it easier to grant injunctions in defamation cases would damage the delicate balance between freedom of the press and the right to privacy; as such, despite the Human Rights Act, Bonnard is still a valid test. (Full article...)

More selected cases
See also: Lists of case law

More Did you know (auto-generated)

... that despite owning it, the city of Athens, Georgia, has to look for a legal loophole to relocate its Confederate monument?
... that according to Nevsun Resources Ltd v Araya, corporations may be liable in Canadian courts if their operations in other countries violate customary international law?
... that to avoid prosecution, managers of illegal opioid prescription centers known as "pill mills" tend to run their facilities like pop-up stores?
... that courts and legal scholars in some countries have expressed support for the idea that even a properly ratified constitutional amendment can be unconstitutional?
... that Fort Hampton was constructed by the United States Army to warn Americans to leave and keep them from illegally settling in Chickasaw territory?
... that the Gainsborough Studios, a cooperative apartment for artists, was legally classified as a hotel to circumvent zoning restrictions on residential building heights?

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

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