Portal:Law

The three certainties compose a rule within English trusts law on the creation of express trusts that, to be valid, the trust instrument must show certainty of intention, subject matter and object. "Certainty of intention" means that it must be clear that the donor or testator wishes to create a trust; this is not dependent on any particular language used, and a trust can be created without the word "trust" being used, or even the donor knowing he is creating a trust. Since the 1950s, the courts have been more willing to conclude that there was intention to create a trust, rather than hold that the trust is void. "Certainty of subject matter" means that it must be clear what property is part of the trust. Historically the property must have been segregated from non-trust property; more recently, the courts have drawn a line between tangible and intangible assets, holding that with intangible assets there is not always a need for segregation. "Certainty of objects" means that it must be clear who the beneficiaries, or objects, are. The test for determining this differs depending on the type of trust; it can be that all beneficiaries must be individually identified, or that the trustees must be able to say with certainty, if a claimant comes before them, whether he is or is not a beneficiary.

There are four categories of uncertainty that can affect the validity of a trust: conceptual uncertainty, evidential uncertainty, ascertainability and administrative unworkability. "Conceptual uncertainty" is where the language is unclear, something which leads to the trust being declared invalid. "Evidential uncertainty" is where a question of fact, such as whether a claimant is a beneficiary, cannot be answered; this does not always lead to invalidity. "Ascertainability" is where a beneficiary cannot be found, while "administrative unworkability" is where the nature of the trust is such that it cannot realistically be carried out. Trustees and the courts have developed various ways of getting around uncertainties, including the appointment of experts to work out evidential uncertainty, and giving trustees the power to decide who is or is not a beneficiary. (Full article...)

Sir Robert Randolph Garran GCMG KC (10 February 1867 – 11 January 1957) was an Australian lawyer who became "Australia's first public servant" – the first federal government employee after the federation of the Australian colonies. He served as the departmental secretary of the Attorney-General's Department from 1901 to 1932, and after 1916 also held the position of Solicitor-General of Australia.

Garran was born in Sydney, the son of the journalist and politician Andrew Garran. He studied arts and law at the University of Sydney and was called to the bar in 1891. Garran was a keen supporter of the federation movement, and became acquainted with leading federalists like George Reid and Edmund Barton. At the 1897–98 constitutional convention he served as secretary of the drafting committee. On 1 January 1901, Garran was chosen by Barton's caretaker government as its first employee; for a brief period, he was the only member of the Commonwealth Public Service. His first duty was to write the inaugural edition of the Commonwealth Gazette, which contained Queen Victoria's proclamation authorising the creation of a federal government.

Over the following three decades, Garran provided legal advice to ten different prime ministers, from Barton to Joseph Lyons. He was considered an early expert in Australian constitutional law, and with John Quick published an annotated edition of the constitution that became a standard reference work. Garran developed a close relationship with Billy Hughes during World War I, and accompanied him to the Imperial War Cabinet and the Paris Peace Conference. Hughes, who was simultaneously prime minister and attorney-general, appointed him to the new position of solicitor-general and delegated numerous powers and responsibilities to him. He was knighted three times for his service to the Commonwealth, in 1917, in 1920 and in 1937. (Full article...)

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 Laws of the Twelve Tables (Latin: lex duodecim tabularum) was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws.

In the Forum, "The Twelve Tables" stated the rights and duties of the Roman citizen. Their formulation was the result of considerable agitation by the plebeian class, who had hitherto been excluded from the higher benefits of the Republic. The law had previously been unwritten and exclusively interpreted by upper-class priests, the pontifices. Something of the regard with which later Romans came to view the Twelve Tables is captured in the remark of Cicero (106–43 BC) that the "Twelve Tables...seems to me, assuredly to surpass the libraries of all the philosophers, both in weight of authority, and in plenitude of utility". Cicero scarcely exaggerated; the Twelve Tables formed the basis of Roman law for a thousand years.

The Twelve Tables are sufficiently comprehensive that their substance has been described as a 'code', although modern scholars consider this characterization exaggerated. The Tables are a sequence of definitions of various private rights and procedures. They generally took for granted such things as the institutions of the family and various rituals for formal transactions. The provisions were often highly specific and diverse. (Full article...)

• ... 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?

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...)

Dietrich v The Queen is a 1992 High Court of Australia constitutional case which established that a person accused of serious criminal charges must be granted an adjournment until appropriate legal representation is provided if they are unrepresented through no fault of their own and proceeding would result in the trial being unfair.

Until the 5–2 opinion of Dietrich v The Queen, it was customary for those unable to afford legal representation to be forced to represent themselves at trial, even when facing serious criminal charges. Previous High Court rulings found representation preferable but not a requisite for a fair trial.

The case originated in the County Court of Victoria, where Olaf Dietrich, later known as Hugo Rich, had been convicted of importing a trafficable quantity of heroin. Prior to trial, Dietrich had applied for legal assistance through several avenues, all of which were rejected. The Victorian Court of Criminal Appeal rejected the appeal and the matter was escalated to the High Court of Australia. Counsel for Dietrich applied for appeal on one ground; Dietrich's lack of legal representation meant the trial in the County Court of Victoria was quashed and a new trial ordered. (Full article...)

• ... that as part of illegal wildlife trading, Oophaga solanensis frogs are bought for US$3 in their native Colombia and sold for up to US$1,000 overseas?
• ... that the first United States court case to recognize moral rights in authorship involved the use of music by four Soviet composers in the 1948 Cold War film The Iron Curtain?
• ... that in Botswana, writer Unity Dow took legal actions as a plaintiff, legal counsellor, and judge to challenge gender discrimination and protect indigenous rights, before becoming a legislator?
• ... that a guerrilla garden established atop an abandoned railroad in Long Island City became legally recognized by the MTA?
• ... that Brazilian computer science researcher and internet pioneer Tadao Takahashi negotiated with drug lords to install internet equipment in his country?
• ... that Russian money, known as qiang tie by locals, was used as legal currency in some regions of China for decades?

• April 28: Reports: US judge Matthew Kacsmaryk redacted name of corporation he owned stock in on disclosure forms
• April 22: Russia sentences opposition activist Vladimir Kara-Murza to 25 years in penal colony
• April 21: Paris judge acquits Airbus, Air France of involuntary manslaughter in 2009 crash that killed 228
• April 12: Russian authorities charge US reporter Evan Gershkovich with espionage
• April 11: Maryland, US attorney general's office alleges historic child sexual abuse by Catholic Church officials
• April 10: Former US President Donald Trump pleads not guilty to 34 felony charges in Manhattan
• April 5: Russia charges peace activist in assassination of pro-war blogger in Saint Petersburg
• April 2: 'Unfounded and unsubstantiated': London policemen cleared of beating Muslim
• March 29: 'Carlos the Jackal' on trial in France for third life sentence
• March 13: Sydney, Australia woman who "spontaneously" murdered boyfriend in "fatal explosion of emotion" sentenced
• March 9: Islamabad High Court temporarily suspends arrest warrant against former Pakistani PM Imran Khan
• February 26: Canadian soldier who filmed himself sexually abusing colleague has appeal dismissed