The Law Portal

Lady Justice, often used as a personification of the law, holding a sword in one hand and scales in the other.

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...)

Selected article

A modern photograph of Gray's Inn Square

The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and Wales, an individual must belong to one of these inns. Located at the intersection of High Holborn and Gray's Inn Road in Central London, the Inn is a professional body and provides office and some residential accommodation for barristers. It is ruled by a governing council called "Pension", made up of the Masters of the Bench (or "benchers") and led by the Treasurer, who is elected to serve a one-year term. The Inn is known for its gardens (the "Walks"), which have existed since at least 1597.

Gray's Inn does not claim a specific foundation date; none of the Inns of Court claims to be any older than the others. Law clerks and their apprentices have been established on the present site since at latest 1370, with records dating from 1381. During the 15th and 16th centuries, the Inn grew in size, peaking during the reign of Elizabeth I. The Inn was home to many important barristers and politicians, including Francis Bacon. Queen Elizabeth herself was a patron. As a result of the efforts of prominent members such as William Cecil and Gilbert Gerard, Gray's Inn became the largest of the four Inns by number, with over 200 barristers recorded as members. During this period, the Inn mounted masques and revels. William Shakespeare's The Comedy of Errors is believed first to have been performed in Gray's Inn Hall. (Full article...)

Selected biography

A photograph of Moxon

Kendrick Lichty Moxon (commonly known as Kendrick Moxon) is an American Scientology official and an attorney with the law firm Moxon & Kobrin. He practices in Los Angeles, California, and is a lead counsel for the Church of Scientology. Moxon received a B.A. from American University in 1972, and a J.D. degree from George Mason University in 1981. He was admitted to the Washington, D.C., bar association in 1984, and the State Bar of California in 1987. Moxon's early work for the Church of Scientology involved legal affairs, and he also held the title of "reverend". He worked out of the Scientology intelligence agency known as the Guardian's Office (GO), and was named as an unindicted co-conspirator after the Federal Bureau of Investigation's investigation into criminal activities by Scientology operatives called "Operation Snow White". An evidence stipulation in the case signed by both parties stated he had provided false handwriting samples to the FBI; Moxon has since said that he did not "knowingly supply" false handwriting samples.

The bulk of Moxon's legal work is Scientology-related. He has served as Commissioner of the Scientology-affiliated organization Citizens Commission on Human Rights (CCHR). He represented the Church of Scientology in 1988 in a billion-dollar class action lawsuit against the organization by former Scientologists which was dismissed in Los Angeles Superior Court. In 1990 Moxon represented the organization in a suit against the Internal Revenue Service in an attempt to gain access to information about Scientology held by the IRS. He assisted 50 Scientologists in filing separate lawsuits against the organization Cult Awareness Network (CAN), which led to the bankruptcy of the organization. He represented the plaintiff in the Jason Scott case against CAN and cult deprogrammer Rick Ross. (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...)


Painting of a heavyset royal.

The Statute of Uses (27 Hen. 8. c. 10 — enacted in 1536) was an Act of the Parliament of England that restricted the application of uses in English property law. The Statute ended the practice of creating uses in real property by changing the purely equitable title of beneficiaries of a use into absolute ownership with the right of seisin (possession).

The Statute was conceived by Henry VIII of England as a way to rectify his financial problems by simplifying the law of uses, which moved land outside the royal tax revenue (i.e., through royal fees called feudal incidents), traditionally imposed through seisin. At the time, land could not be passed by a will, and when it devolved to the heir upon death was subject to taxes. Hence, the practice evolved of landowners creating a use of the land to enable it to pass to someone other than their legal heir upon their death, or simply to try and reduce the incidence of taxation. (Full article...)

Did you know...

Photographs of a woman standing at a podium and gesturing.

  • ... 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 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?

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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...)


Heraldry

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...)

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