Lady Justice , often used as a personification of the law, holding a sword in one hand and scales in the other.Law 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...
The three certainties 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...
Antonin Gregory Scalia associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the U.S. Supreme Court 's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century, and one of the most important justices in the history of the Supreme Court. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018, and the Antonin Scalia Law School at George Mason University was named in his honor.
Scalia was born in Trenton, New Jersey . A devout Catholic , he attended the Jesuit Xavier High School before receiving his undergraduate degree from Georgetown University . Scalia went on to graduate from Harvard Law School and spent six years at Jones Day before becoming a law professor at the University of Virginia . In the early 1970s, he served in the Nixon and Ford administrations, eventually becoming an Assistant Attorney General under President Gerald Ford . He spent most of the Carter years teaching at the University of Chicago , where he became one of the first faculty advisers of the fledgling Federalist Society . In 1982, President Ronald Reagan appointed Scalia as a judge of the U.S. Court of Appeals for the District of Columbia Circuit . Four years later, Reagan appointed him to the Supreme Court, where Scalia became its first Italian-American justice following a unanimous confirmation by the U.S. Senate 98–0.
Scalia espoused a conservative jurisprudence and ideology, advocating textualism in statutory interpretation and originalism in constitutional interpretation . He peppered his colleagues with "Ninograms" (memos named for his nickname, "Nino ") intending to persuade them to his point of view. He was a strong defender of the powers of the executive branch and believed that the U.S. Constitution permitted the death penalty and did not guarantee the right to either abortion or same-sex marriage . Furthermore, Scalia viewed affirmative action and other policies that afforded special protected status to minority groups as unconstitutional. Such positions would earn him a reputation as one of the most conservative justices on the Court. He filed separate opinions in many cases, often castigating the Court's majority—sometimes scathingly so. (Full article...
A statute 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 Parliament Acts 1911 and 1949 Acts of the Parliament of the United Kingdom , which form part of the constitution of the United Kingdom . Section 2(2) of the Parliament Act 1949 provides that the two Acts are to be construed as one.
The Parliament Act 1911 (1 & 2 Geo. 5. c. 13) asserted the supremacy of the House of Commons by limiting the legislation-blocking powers of the House of Lords (the suspensory veto ). Provided the provisions of the Act are met, legislation can be passed without the approval of the House of Lords. Additionally, the 1911 Act amended the Septennial Act 1716 to reduce the maximum life of a Parliament from seven years to five years. The Parliament Act 1911 was amended by the Parliament Act 1949 (12, 13 & 14 Geo. 6. c. 103), which further limited the power of the Lords by reducing the time that they could delay bills, from two years to one.
The Parliament Acts have been used to pass legislation against the wishes of the House of Lords on seven occasions since 1911, including the passing of the Parliament Act 1949. Some constitutional lawyers had questioned the validity of the 1949 Act. These doubts were rejected in 2005 when members of the Countryside Alliance unsuccessfully challenged the validity of the Hunting Act 2004 , which had been passed under the auspices of the Act. In October 2005, the Appellate Committee of the House of Lords dismissed the Alliance's appeal against this decision, with an unusually large panel of nine Law Lords (out of then-existing twelve) holding that the 1949 Act was a valid Act of Parliament. (Full article...
... that the non-payment of debts is the archetype for the seventeen other Hindu titles of law ... that Peter Rosted served as chief judge at Norway's Inderøy District Court
Case law 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...
Jones v Kaney [2011] UKSC 13 is a 2011 decision of the Supreme Court of the United Kingdom on whether expert witnesses retained by a party in litigation can be sued for professional negligence in England and Wales, or whether they have the benefit of immunity from suit. The case involved a psychologist (Kaney) instructed as an expert witness in a personal injury claim, who was said to have negligently signed a statement of matters agreed with the expert instructed by the opposing side, in which she made a number of concessions that weakened the claim considerably. As a result, according to the injured claimant (Jones), he had to settle the claim for much less than he would have obtained had his expert not been careless. To succeed in the claim, he had to overturn an earlier Court of Appeal decision that had decided that preparation of a joint statement with the other side's expert was covered by immunity from suit. Kaney therefore succeeded in getting the claim struck out before trial on an application heard by Mr Justice Blake in the High Court of Justice . The judge issued a certificate allowing the claimant to "leapfrog " the Court of Appeal and go straight to the Supreme Court to appeal against his decision.
The Supreme Court, by a majority of five to two, decided that expert witnesses were not immune in the law of England and Wales from claims in tort or contract for matters connected with their participation in legal proceedings. This reversed a line of authority dating back 400 years. The case considered the narrow issue, namely whether preparation of a joint statement by experts was immune from suit, and the wider public policy issue of whether litigants should be able to sue experts that they had instructed for breach of duty. There was discussion about whether removing the immunity would have a "chilling effect" on the willingness of experts to participate in court proceedings, although judges on both sides of the decision agreed that there was no empirical evidence on the point. Lord Phillips , a member of the majority, compared the situation of expert witnesses with that of advocates, on the basis that both owed duties to clients and to the court. Advocates' immunity from claims in negligence had been removed in 2001 in Hall v Simons . The change, he said, had not led to an increase in vexatious claims or a reduction in the performance of duties owed by advocates to the court. Lord Hope , in the minority, said that experts and advocates had different functions and so disagreed with the comparison. He also pointed out that English law would now be different from Scots law on this issue. (Full article...
More Did you know (auto-generated)
... that The Hidden Case of Ewan Forbes Ewan Forbes and his 1968 legal case to inherit his family's baronetcy that was silenced from public records?
... that red-boxing Super PACs , an activity that the Campaign Legal Center called the "primary mechanism for corruption of federal campaigns in 2022"?
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The following are images from various law-related articles on Wikipedia.
Image 2 King John of England signs the Magna Carta (from
Legal history )
Image 3 Bentham's utilitarian theories remained dominant in law until the twentieth century. (from
Jurisprudence )
Image 4 Image of pages from the
Decretum of
Burchard of Worms , an 11th-century book of canon law (from
Canon law )
Image 5 Oliver Wendell Holmes was a self-styled legal realist. (from
Jurisprudence )
Image 6 Thomas Aquinas was the most influential Western medieval legal scholar. (from
Jurisprudence )
Image 7 Lady Justice (Latin:
Justicia ), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from
Judiciary )
Image 9 Mill believed law should create happiness. (from
Jurisprudence )
Image 10 Plato (left) and
Aristotle (right), a detail of
The School of Athens (from
Jurisprudence )
Image 11 Corpus Iuris Civilis , 1607 (from
Judiciary )
Image 12 Philosophers of law ask "what is law, and what should it be?" (from
Jurisprudence )
Image 13 The
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 14 Gratian (from
Judiciary )
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