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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 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 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. Historically, religious law has influenced secular matters and is, as of the 21st century, still in use 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.

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...)

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Selected article

The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common Pleas served as one of the central English courts for around 600 years. Authorised by Magna Carta to sit in a fixed location, the Common Pleas sat in Westminster Hall for its entire existence, joined by the Exchequer of Pleas and Court of King's Bench.

The court's jurisdiction was gradually undercut by the King's Bench and Exchequer of Pleas with legal fictions, the Bill of Middlesex and Writ of Quominus respectively. The Common Pleas maintained its exclusive jurisdiction over matters of real property until its dissolution, and due to its wide remit was considered by Sir Edward Coke to be the "lock and key of the common law". It was staffed by one Chief Justice and a varying number of puisne justices, who were required to be Serjeants-at-Law, and until the mid 19th century only Serjeants were allowed to plead there. (Full article...)

Selected biography

Mohandas Karamchand Gandhi (ISO: Mōhanadāsa Karamacaṁda Gāṁdhī; 2 October 1869 – 30 January 1948) was an Indian lawyer, anti-colonial nationalist and political ethicist who employed nonviolent resistance to lead the successful campaign for India's independence from British rule. He inspired movements for civil rights and freedom across the world. The honorific Mahātmā (from Sanskrit 'great-souled, venerable'), first applied to him in South Africa in 1914, is now used throughout the world.

Born and raised in a Hindu family in coastal Gujarat, Gandhi trained in the law at the Inner Temple in London and was called to the bar in June 1891, at the age of 22. After two uncertain years in India, where he was unable to start a successful law practice, Gandhi moved to South Africa in 1893 to represent an Indian merchant in a lawsuit. He went on to live in South Africa for 21 years. There, Gandhi raised a family and first employed nonviolent resistance in a campaign for civil rights. In 1915, aged 45, he returned to India and soon set about organising peasants, farmers, and urban labourers to protest against discrimination and excessive land-tax. (Full article...)

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 Accurate News and Information Act (complete title: An Act to Ensure the Publication of Accurate News and Information) was a statute passed by the Legislative Assembly of Alberta, Canada, in 1937, at the instigation of William Aberhart's Social Credit government. It would have required newspapers to print "clarifications" of stories that a committee of Social Credit legislators deemed inaccurate, and to reveal their sources on demand.

The act was a result of the stormy relationship between Aberhart and the press, dating to before the 1935 election, in which the Social Credit League was elected to government. Virtually all of Alberta's newspapers—especially the Calgary Herald—were critical of Social Credit, as were a number of publications from elsewhere in Canada. Even the American media had greeted Aberhart's election with derision.

Though the act won easy passage through the Social Credit-dominated legislature, Lieutenant-Governor of Alberta John C. Bowen reserved royal assent until the Supreme Court of Canada evaluated the act's legality. In 1938's Reference re Alberta Statutes, the court found that it was unconstitutional, and it never became law. (Full article...)

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?

Selected images

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

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...)

The Tichborne case was a legal cause célèbre that captivated Victorian England in the 1860s and 1870s. It concerned the claims by a man sometimes referred to as Thomas Castro or as Arthur Orton, but usually termed "the Claimant", to be the missing heir to the Tichborne baronetcy. He failed to convince the courts, was convicted of perjury and served a long prison sentence.

Roger Tichborne, heir to the family's title and fortunes, was presumed to have died in a shipwreck in 1854 at age 25. His mother clung to a belief that he might have survived, and after hearing rumours that he had made his way to Australia, she advertised extensively in Australian newspapers, offering a reward for information. In 1866, a Wagga Wagga butcher known as Thomas Castro came forward claiming to be Roger Tichborne. Although his manners and bearing were unrefined, he gathered support and travelled to England. He was instantly accepted by Lady Tichborne as her son, although other family members were dismissive and sought to expose him as an impostor.

During protracted enquiries before the case went to court in 1871, details emerged suggesting that the Claimant might be Arthur Orton, a butcher's son from Wapping in London, who had gone to sea as a boy and had last been heard of in Australia. After a civil court had rejected the Claimant's case, he was charged with perjury; while awaiting trial he campaigned throughout the country to gain popular support. In 1874, a criminal court jury decided that he was not Roger Tichborne and declared him to be Arthur Orton. Before passing a sentence of 14 years, the judge condemned the behaviour of the Claimant's counsel, Edward Kenealy, who was subsequently disbarred because of his conduct. (Full article...)

More Did you know (auto-generated)

... that South African nurse Stella Madzimbamuto filed an appeal in 1968 with the Privy Council of the United Kingdom that resulted in the Rhodesian government being declared illegal?
... that in the 1951 court case Kuzych v White, on appeal from the British Columbia Court of Appeal, five law lords of the British Judicial Committee ruled in favour of a Communist-led trade union?
... that Western Australia was the second Australian state to legalise voluntary assisted dying?
... 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 The Hidden Case of Ewan Forbes discusses the history of transgender man Ewan Forbes and his 1968 legal case to inherit his family's baronetcy that was silenced from public records?
... that New Zealand activist Pania Newton gave up a legal career to become an activist and spokesperson for the preservation of her ancestral lands at Ihumātao?

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General images

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

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

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