Portal:Law

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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

Paragraph 175 (known formally as §175 StGB; also known as Section 175 in English) was a provision of the German Criminal Code from 15 May 1871 to 10 March 1994. It made sexual relations between males a crime, and in early revisions the provision also criminalized bestiality as well as forms of prostitution and underage sexual abuse. Overall, around 140,000 men were convicted under the law. The law had always been controversial and inspired the first homosexual movement, which called for its repeal.

The statute drew legal influence from previous measures, including those undertaken by the Holy Roman Empire and Prussian states. It was amended several times. The Nazis broadened the law in 1935 as part of the most severe persecution of homosexual men in history. It was one of the few Nazi-era laws retained in its original form in West Germany, although East Germany reverted to the pre-Nazi version. In 1987, the law was ruled unconstitutional in East Germany, and was repealed there in 1989. In West Germany, the law was revised in 1969, 1973, and finally repealed in 1994. (Full article...)

Selected biography

Portrait of a man in black robes

Sir Edward Coke (/kʊk/ "cook", formerly /kk/; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician. He is often considered the greatest jurist of the Elizabethan and Jacobean eras.

Born into an upper-class family, Coke was educated at Trinity College, Cambridge, before leaving to study at the Inner Temple, where he was called to the Bar on 20 April 1578. As a barrister, he took part in several notable cases, including Slade's Case, before earning enough political favour to be elected to Parliament, where he served first as Solicitor General and then as Speaker of the House of Commons. Following a promotion to Attorney General he led the prosecution in several notable cases, including those against Robert Devereux, Sir Walter Raleigh, and the Gunpowder Plot conspirators. As a reward for his services he was first knighted and then made Chief Justice of the Common Pleas.

As Chief Justice, Coke restricted the use of the ex officio (Star Chamber) oath and, in the Case of Proclamations and Dr. Bonham's Case, declared the King to be subject to the law, and the laws of Parliament to be void if in violation of "common right and reason". These actions eventually led to his transfer to the Chief Justiceship of the King's Bench, where it was felt he could do less damage. Coke then successively restricted the definition of treason and declared a royal letter illegal, leading to his dismissal from the bench on 14 November 1616. With no chance of regaining his judicial posts, he instead returned to Parliament, where he swiftly became a leading member of the opposition. During his time as a Member of Parliament he wrote and campaigned for the Statute of Monopolies, which substantially restricted the ability of the monarch to grant patents, and authored and was instrumental in the passage of the Petition of Right, a document considered one of the three crucial constitutional documents of England, along with Magna Carta and the Bill of Rights 1689.

Coke is best known in modern times for his Institutes, described by John Rutledge as "almost the foundations of our law", and his Reports, which have been called "perhaps the single most influential series of named reports". Historically, he was a highly influential judge; within England and Wales, his statements and works were used to justify the right to silence, while the Statute of Monopolies is considered to be one of the first actions in the conflict between Parliament and monarch that led to the English Civil War. In America, Coke's decision in Dr. Bonham's Case was used to justify the voiding of both the Stamp Act 1765 and writs of assistance, which led to the American War of Independence; after the establishment of the United States his decisions and writings profoundly influenced the Third and Fourth amendments to the United States Constitution while necessitating the Sixteenth. (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...

  • ... that although Elizabeth Richards Tilton (pictured) was a central figure in a six-month-long trial, she was never allowed to speak in court?

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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...)


A map of the Phelps and Gorham purchase

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 Did you know (auto-generated)

  • ... that an Australian High Court case found a hotel chain to have used third-party contractors to avoid paying employees their required benefits?
  • ... 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 many of the traditional Lakota ceremonies performed at the Sitting Bull Crystal Cavern Dance Pavilion were still illegal under federal law during the show's first years?
  • ... that despite being legally available in most cases, abortion in Taiwan is still criminalized under the penal code?
  • ... that the release of Lee Hyori's album It's Hyorish had to be moved forward after several tracks were illegally leaked?
  • ... that Russian money, known as qiang tie by locals, was used as legal currency in some regions of China for decades?

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