Jump to content

Portal:Law

From Wikipedia, the free encyclopedia

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 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...)

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

Portrait

Lloyd Kenyon, 1st Baron Kenyon, PC (5 October 1732 – 4 April 1802), was a British politician and barrister, who served as Attorney General, Master of the Rolls and Lord Chief Justice. Born to a country gentleman, he was initially educated in Hanmer before moving to Ruthin School aged 12. Rather than going to university he instead worked as a clerk to an attorney, joining the Middle Temple in 1750 and being called to the Bar in 1756. Initially almost unemployed due to the lack of education and contacts which a university education would have provided, his business increased thanks to his friendships with John Dunning, who, overwhelmed with cases, allowed Kenyon to work many, and Lord Thurlow who secured for him the Chief Justiceship of Chester in 1780. He was returned as the Member of Parliament (MP) for Hindon the same year, serving repeatedly as Attorney General under William Pitt the Younger. He effectively sacrificed his political career in 1784 to challenge the ballot of Charles James Fox, and was rewarded with a baronetcy; from then on he did not speak in the House of Commons, despite remaining an MP.

On 27 March 1784, he was appointed Master of the Rolls, a job to which he dedicated himself once he ceased to act as an MP. He had previously practised in the Court of Chancery, and although unfamiliar with Roman law was highly efficient; Lord Eldon said "I am mistaken if, after I am gone, the Chancery Records do not prove that if I have decided more than any of my predecessors in the same period of time, Sir Lloyd Kenyon beat us all". On 9 June 1788, Kenyon succeeded Lord Mansfield as Lord Chief Justice, and was granted a barony. Although not rated as highly as his predecessor, his work "restored the simplicity and rigor of the common law". He remained Lord Chief Justice until his death in 1802. (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...)


Drawing of people regarding carved tablets.

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...)

Did you know...

Aerial photograph of an island.

  • ... that in the Bancoult litigation, the English courts and government first decided that the Chagossians could return home (pictured), then that they couldn't, then that they could, and then that they couldn't?

Selected images

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...)


Sepia-toned oval portrait of a man with a high collar.

Thomas Bonham v College of Physicians, commonly known as Dr. Bonham's Case or simply Bonham's Case, was a case decided in 1610 by the Court of Common Pleas in England, under Sir Edward Coke, the court's Chief Justice, in which it was ruled that Dr. Bonham had been wrongfully imprisoned by the College of Physicians for practising medicine without a licence. Dr. Bonham's attorneys had argued that imprisonment was reserved for malpractice not illicit practice, with Coke agreeing in the majority opinion.

The case is notable because Coke argued in the decision's rationale that "in many cases, the common law will control Acts of Parliament", the act of parliament in question being the "College of Physicians Act 1553" which gave the college the right to imprison. The meaning of this phrase has been disputed over the years. According to one interpretation, Coke intended the kind of judicial review that would later develop in the United States, but other scholars believe that Coke meant only to construe a statute, not to challenge parliamentary sovereignty. If Coke intended the former, he may have later changed his view. The statement by Coke is sometimes considered to be an obiter dictum (a statement made 'by the way'), rather than part of the ratio decidendi (rationale for the decision) of the case.

After an initial period during which Coke's controversial view enjoyed some support but no statutes were declared void, Bonham's Case was thrown aside as a precedent, in favour of the growing doctrine of parliamentary sovereignty. William Blackstone, one of the most prominent supporters of the doctrine, argued that Parliament is the sovereign lawmaker, preventing the common law courts from throwing aside or reviewing statutes in the fashion that Coke had suggested. Parliamentary sovereignty is now the accepted judicial doctrine in the legal system of England and Wales. (Full article...)

More Did you know (auto-generated)

Wikinews Crime and law portal
Read and edit Wikinews

General images

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

Topics

Quality content

Extended content
Featured articles
Featured lists
Did you know? articles
Featured portals
In the News articles
Main page featured articles
Main page featured lists
Good articles

For a list of good articles on legal topics, see here.


Subcategories

WikiProjects

Associated Wikimedia

The following Wikimedia Foundation sister projects provide more on this subject:

Discover Wikipedia using portals