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 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...
A Serjeant-at-Law SL ), commonly known simply as a Serjeant , was a member of an order of barristers at the English and Irish Bar . The position of Serjeant-at-Law (servientes ad legem ), or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France before the Norman Conquest , thus the Serjeants are said to be the oldest formally created order in England. The order rose during the 16th century as a small, elite group of lawyers who took much of the work in the central common law courts.
With the creation of Queen's Counsel or "Queen's Counsel Extraordinary" (King's Counsel during a male monarch's rule) during the reign of Elizabeth I , the order gradually began to decline, with each monarch opting to create more King's or Queen's Counsel. The Serjeants' exclusive jurisdictions were ended during the 19th century and, with the Judicature Act 1873 coming into force in 1875, it was felt that there was no need to have such figures, and no more were created. The last appointed was Nathaniel Lindley , later a Law Lord, who retired in 1905 and died in 1921. The number of Irish Serjeants-at-law was limited to three (originally one, later two). The last appointment was A. M. Sullivan in 1912; after his 1921 relocation to the English bar he remained "Serjeant Sullivan" as a courtesy title . (Full article...
William Murray, 1st Earl of Mansfield PC English law . Born in Scone Palace , Perthshire , to a family of Scottish nobility , he was educated in Perth before moving to London at the age of 13 to study at Westminster School . Accepted into Christ Church, Oxford , in May 1723, Mansfield graduated four years later and returned to London, where he was called to the Bar by Lincoln's Inn in November 1730 and quickly gained a reputation as an excellent barrister .
He became involved in British politics in 1742, beginning with his election to the House of Commons as a Member of Parliament for Boroughbridge and appointment as Solicitor General . In the absence of a strong Attorney General , Mansfield became the main spokesman for the government in the House of Commons, where he was noted for his "great powers of eloquence" and was described as "beyond comparison the best speaker". With the promotion of Sir Dudley Ryder to Lord Chief Justice in 1754, Mansfield became Attorney General and, when Ryder unexpectedly died several months later, he took his place as Chief Justice.
As the most powerful British jurist of the 18th century, Mansfield's decisions reflected the Age of Enlightenment and moved the country onto the path to abolishing slavery . He advanced commercial law in ways that helped establish Britain as world leader in industry, finance, and trade; modernised both English law and England's courts; rationalised the system for submitting motions , and reformed the way judgments were delivered to reduce expense for the parties. For his work in Carter v Boehm Pillans v Van Mierop 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 Variation of Trusts Act 1958 6 & 7 Eliz. 2 . c. 53) is an Act of the Parliament of the United Kingdom that governs the courts' ability to vary the terms of trust documents. Prior to the 1950s, the courts were willing to approve "compromise" agreements as to what terms meant, not only when they were disputed but also for the benefit of certain parties, such as minors. In 1954, the House of Lords decided in Chapman v Chapman Settled Land Act 1925 (which could be altered if there was a flaw) and those trusts that were not (which were affected by the Chapman decision). As a result, following a report by the Law Reform Committee , Petre Crowder introduced the Variation of Trusts Bill to Parliament, where it was given royal assent on 23 July 1958, and came into force as the Variation of Trusts Act 1958.
The Act gave the courts near-unlimited discretion to approve "compromise" agreements, for the benefit of infants or other incapable individuals, for individuals who may become beneficiaries, or for unborn beneficiaries. The courts are also able to approve agreements for individuals who may be beneficiaries under protective trusts , with no requirement that the alterations be for their benefit. The courts have interpreted the Act's scope fairly widely, stating that almost any "variation" is acceptable, and that "benefit" may mean not just a financial benefit, but also a social or moral one. Despite initial fears that it would allow tax planners another way to hide funds and create a back-and-forth fight between the Chancery Division and Parliament, the Act was met with general approval. The ability of the courts to alter trustees' investment powers under the Act was criticised as slow and expensive, and as a result this is now covered by the Trustee Investments Act 1961 . (Full article...
... that, in the cases of Klayman v. Obama ACLU v. Clapper ... that in 2011, Nitehawk Cinema Prohibition -era liquor law that prevented movie theaters in New York from serving alcohol?
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...
Brown v. Board of Education of Topeka landmark decision of the U.S. Supreme Court that ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segregated schools are otherwise equal in quality. The decision partially overruled the Court's 1896 decision Plessy v. Ferguson U.S. Constitution as long as the facilities for each race were equal in quality, a doctrine that had come to be known as "separate but equal ". The Court's unanimous decision in Brown , and its related cases, paved the way for integration and was a major victory of the civil rights movement , and a model for many future impact litigation cases.
The case began in 1951 when the public school system in Topeka, Kansas , refused to enroll the daughter of local black resident Oliver Brown at the school closest to their home, instead requiring her to ride a bus to a segregated black school farther away. The Browns and twelve other local black families in similar situations filed a class-action lawsuit in U.S. federal court against the Topeka Board of Education, alleging its segregation policy was unconstitutional. A special three-judge court of the U.S. District Court for the District of Kansas heard the case and ruled against the Browns, relying on the precedent of Plessy and its "separate but equal" doctrine. The Browns, represented by NAACP chief counsel Thurgood Marshall , appealed the ruling directly to the Supreme Court. (Full article...
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The following are images from various law-related articles on Wikipedia.
Image 1 Corpus Iuris Civilis , 1607 (from
Judiciary )
Image 2 "With law shall land be built", from the
Code of Jutland (1241) above the
Copenhagen Court House ,
Denmark (from
Legal history )
Image 3 Bentham's utilitarian theories remained dominant in law until the twentieth century. (from
Jurisprudence )
Image 4 Lady Justice (Latin:
Justicia ), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from
Judiciary )
Image 5 Mill believed law should create happiness. (from
Jurisprudence )
Image 6 Thomas Aquinas was the most influential Western medieval legal scholar. (from
Jurisprudence )
Image 7 Oliver Wendell Holmes was a self-styled legal realist. (from
Jurisprudence )
Image 9 King John of England signs the Magna Carta (from
Legal history )
Image 10 Plato (left) and
Aristotle (right), a detail of
The School of Athens (from
Jurisprudence )
Image 11 Gratian (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 Image of pages from the
Decretum of
Burchard of Worms , an 11th-century book of canon law (from
Canon law )
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