Portal:Law

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

The Law Portal

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 legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. 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. Religious law is in use in some religious communities and states, and has historically influenced secular law.

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...)

Refresh with new selections below (purge)

Selected article

The Tahirih Justice Center, or Tahirih, is a national charitable non-governmental organization headquartered in Falls Church, Virginia, United States, that aims to protect immigrant women and girls fleeing gender-based violence and persecution. Tahirih's holistic model combines free legal services and social services case management with public policy advocacy, training and education.

Since its founding in 1997, Tahirih has answered more than 30,000 pleas for help from individuals seeking protection from human rights abuses, such as female genital cutting, domestic violence, human trafficking, torture and rape.

Tahirih is inspired by principles of the Baháʼí Faith, including the belief that equality between women and men is necessary for peace and unity in society. The organization is named after Táhirih, an influential female poet and theologian in 19th-century Persia who campaigned for women's rights. (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 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.^{[better source needed]} Statutes may originate with the legislative body of a country, state or province, county, or municipality. (Full article...)

The Variation of Trusts Act 1958 (6 & 7 Eliz. 2. c. 53) 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 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...)

More selected statutes

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

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...)

Seneca Nation of Indians v. Christy, 162 U.S. 283 (1896), was the first litigation of aboriginal title in the United States by a tribal plaintiff in the Supreme Court of the United States since Cherokee Nation v. Georgia (1831). It was the first such litigation by an indigenous plaintiff since Fellows v. Blacksmith (1857) and its companion case of New York ex rel. Cutler v. Dibble (1858). The New York courts held that the 1788 Phelps and Gorham Purchase did not violate the Nonintercourse Act, one of the provisions of which prohibits purchases of Indian lands without the approval of the federal government, and that (even if it did) the Seneca Nation of New York was barred by the state statute of limitations from challenging the transfer of title. The U.S. Supreme Court declined to review the merits of lower court ruling because of the adequate and independent state grounds doctrine.

According to O'Toole and Tureen, "Christy is an important case in that it revived the concept that states had special powers to deal with Indian tribes within their borders."

Although the case has not been formally overruled, two Supreme Court decisions in the 1970s and 1980s have undone its effect by ruling that there is federal subject-matter jurisdiction for a federal common law cause of action for recovering possession based on the common-law doctrine of aboriginal title. Moreover, the New York courts' interpretation of the Nonintercourse Act is no longer good law. Modern federal courts hold that only Congress can ratify a conveyance of aboriginal title, and only with a clear statement, rather than implicitly. (Full article...)

More selected cases
See also: Lists of case law

More Did you know (auto-generated)

... that the Colonial Office refused to appoint Cyrus Prudhomme David to the magistracy, considering it wrong "as a matter of policy" to appoint a second Black man to a legal post in Trinidad and Tobago?
... that a 1999 legal case guaranteed the right of transgender people in England and Wales to access gender reassignment surgery?
... that Haley and Hanna Cavinder made over US$1 million in student athlete compensation in the year after the National Collegiate Athletic Association legalized the monetization of personality rights?
... that British outrage at the sentencing of a white Kenyan settler to just two years' imprisonment for the 1923 killing of a black employee eventually led to the replacement of the colony's legal code?
... 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 court case Nintendo of America, Inc. v. Blockbuster Entertainment Corp. helped allow the game rental market to thrive for the years that followed the case?

Legal news

Wikinews Crime and law portal

Related portals

General images

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

Image 1Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence)
Image 2Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence)
Image 3King John of England signs the Magna Carta (from Legal history)
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 5Mill believed law should create happiness. (from Jurisprudence)
Image 6Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law)
Image 7Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary)
Image 8The Supreme Court Building houses the Supreme Court of the United States, the highest court in the federal judiciary of the United States. (from Judiciary)
Image 9Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence)
Image 10Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence)
Image 11Corpus Iuris Civilis, 1607 (from Judiciary)
Image 12Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence)
Image 13Gratian (from Judiciary)
Image 14"With law shall land be built", from the Code of Jutland (1241) above the Copenhagen Court House, Denmark (from Legal history)
Image 15Aristotle, by Francesco Hayez (from Jurisprudence)

Topics

Quality content

Extended content

This is a list of recognized content, updated weekly by JL-Bot (talk · contribs) (typically on Saturdays). 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 and wait for the next update. See WP:RECOG for configuration options.