Portal:Law

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 Paragraph 175, known formally as §175 StGB and also referred to 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, whereby the criminal liability of homosexual adults (then aged 21 and over) was abolished but remained applicable to sex with a man less than 21 years old, homosexual prostitution, and the exploitation of a relationship of dependency. The law was again revised in 1973 by lowering the age of consent to 18 years, and finally repealed in 1994. (Full article...) Selected biography Earl Warren (March 19, 1891 – July 9, 1974) was an American lawyer, politician, and jurist who served as the 30th governor of California from 1943 to 1953 and as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presided over a major shift in American constitutional jurisprudence, which has been recognized by many as a "Constitutional Revolution" in the liberal direction, with Warren writing the majority opinions in landmark cases such as Brown v. Board of Education (1954), Reynolds v. Sims (1964), Miranda v. Arizona (1966), and Loving v. Virginia (1967). Warren also led the Warren Commission, a presidential commission that investigated the 1963 assassination of President John F. Kennedy. He served as Governor of California from 1943 to 1953, and is the last chief justice to have served in an elected office before nomination to the Supreme Court. Warren is generally considered to be one of the most influential Supreme Court justices and political leaders in the history of the United States. Warren served as Thomas E. Dewey's running mate in the 1948 presidential election, but the ticket lost the election to incumbent President Harry S. Truman and Senator Alben W. Barkley in an election upset. Warren sought the Republican nomination in the 1952 presidential election, but the party nominated General Dwight D. Eisenhower. After Eisenhower won election as president, he appointed Warren as Chief Justice. A series of rulings made by the Warren Court in the 1950s helped lead to the decline of McCarthyism. Warren helped arrange a unanimous decision in Brown v. Board of Education (1954), which ruled that racial segregation in public schools was unconstitutional. After Brown, the Warren Court continued to issue rulings that helped bring an end to the segregationist Jim Crow laws that were prevalent throughout the Southern United States. In Heart of Atlanta Motel, Inc. v. United States (1964), the Court upheld the Civil Rights Act of 1964, a federal law that prohibits racial segregation in public institutions and public accommodations. In the 1960s, the Warren Court handed down several landmark rulings that significantly transformed criminal procedure, redistricting, and other areas of the law. Many of the Court's decisions incorporated the Bill of Rights, making the protections of the Bill of Rights apply to state and local governments. Gideon v. Wainwright (1963) established a criminal defendant's right to an attorney in felony cases, and Miranda v. Arizona (1966) required police officers to give what became known as the Miranda warning to suspects taken into police custody that advises them of their constitutional protections. Reynolds v. Sims (1964) established that all state legislative districts must be of roughly equal population size, while the Court's holding in Wesberry v. Sanders (1964) required equal populations for congressional districts, thus achieving "one man, one vote" in the United States. Schmerber v. California (1966) established that forced extraction of a blood sample is not compelled testimony, illuminating the limits on the protections of the 4th and 5th Amendments and Warden v. Hayden (1967) dramatically expanded the rights of police to seize evidence with a search warrant, reversing the mere evidence rule. Furthermore, Griswold v. Connecticut (1965) established a constitutional right to privacy and struck down a state law that restricted access to contraceptives, and Loving v. Virginia (1967) struck down state anti-miscegenation laws, which had banned or otherwise regulated interracial marriage. (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. Statutes may originate with the legislative body of a country, state or province, county, or municipality. (Full article...) The Alaska Mental Health Enabling Act of 1956 (Public Law 84-830) was an Act of Congress passed to improve mental health care in the United States territory of Alaska. It became the focus of a major political controversy after opponents nicknamed it the "Siberia Bill" and denounced it as being part of a communist plot to hospitalize and brainwash Americans. Campaigners asserted that it was part of an international Jewish, Roman Catholic or psychiatric conspiracy intended to establish United Nations-run concentration camps in the United States. The legislation in its original form was sponsored by the Democratic Party, but after it ran into opposition, it was rescued by the conservative Republican Senator Barry Goldwater. Under Goldwater's sponsorship, a version of the legislation without the commitment provisions that were the target of intense opposition from a variety of far-right, anti-Communist and fringe religious groups was passed by the United States Senate. The controversy still plays a prominent role in the Church of Scientology's account of its campaign against psychiatry. The Act succeeded in its initial aim of establishing a mental health care system for Alaska, funded by income from lands allocated to a mental health trust. However, during the 1970s and early 1980s, Alaskan politicians systematically stripped the trust of its lands, transferring the most valuable land to private individuals and state agencies. The asset stripping was eventually ruled to be illegal following several years of litigation, and a reconstituted mental health trust was established in the mid-1980s. (Full article...) Did you know... ... that the Digital Switchover (Disclosure of Information) Act 2007 allows social security information to be passed to the BBC? ... that after the crash of United Airlines Flight 297 in 1962, the Federal Aviation Administration created new regulations that required airplanes to better withstand bird strikes? ... that in Re A (conjoined twins) an English court permitted the separation of two conjoined twins knowing that one would die? ... that although Elizabeth Richards Tilton (pictured) was a central figure in a six-month-long trial, she was never allowed to speak in court? ... that under modern principles of vicarious liability in English law, employers are answerable for the intentional wrongdoings of their employees? ... that although John Fortescue listed ten Inns of Chancery, only nine are known? ... that oppositionist delegates to the Philippine Constitutional Convention of 1971 were among the first to be arrested when Ferdinand Marcos declared martial law in the Philippines? Selected images Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis. The defendants sitting in the dock during the Nuremberg Trials Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law' Jawaharlal Nehru at the Allahabad High Court The Constitution of India Legal systems of the world Statue of Lady Justice holding scales Justices of the Supreme Court of the United States as of October 2020 A courtroom in Tokyo, Japan The Langdell Library of Harvard Law School Jeremy Bentham's writings influenced law for generations. Signing of the Magna Carta King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash Painting of a jury deliberating The first Supreme Court of Puerto Rico 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...) The Smith Act trials of Communist Party leaders in New York City from 1949 to 1958 were the result of US federal government prosecutions in the postwar period and during the Cold War between the Soviet Union and the United States. Leaders of the Communist Party of the United States (CPUSA) were accused of violating the Smith Act, a statute that prohibited advocating violent overthrow of the government. The defendants argued that they advocated a peaceful transition to socialism, and that the First Amendment's guarantee of freedom of speech and of association protected their membership in a political party. Appeals from these trials reached the US Supreme Court, which ruled on issues in Dennis v. United States (1951) and Yates v. United States (1957). The first trial of eleven communist leaders was held in New York in 1949; it was one of the lengthiest trials in United States history. Numerous supporters of the defendants protested outside the courthouse on a daily basis. The trial was featured twice on the cover of Time magazine. The defense frequently antagonized the judge and prosecution; five defendants were jailed for contempt of court because they disrupted the proceedings. The prosecution's case relied on undercover informants, who described the goals of the CPUSA, interpreted communist texts, and testified of their own knowledge that the CPUSA advocated the violent overthrow of the US government. While the first trial was under way, events outside the courtroom influenced public perception of communism: the Soviet Union tested its first nuclear weapon, and communists prevailed in the Chinese Civil War. In this period, the House Un-American Activities Committee (HUAC) had also begun conducting investigations and hearings of writers and producers in Hollywood suspected of communist influence. Public opinion was overwhelmingly against the defendants in New York. After a 10-month trial, the jury found all 11 defendants guilty. The judge sentenced them to terms of up to five years in federal prison, and sentenced all five defense attorneys to imprisonment for contempt of court. Two of the attorneys were subsequently disbarred. (Full article...) More Did you know (auto-generated) ... that the legal battle over awarding channel 9 in Orlando, Florida, the longest case in FCC history at the time, filled 55 volumes? ... that according to Ruth Marcus, the facts of Michael H. v. Gerald D. "more closely resembled a soap opera synopsis than a typical Supreme Court case"? ... that an activist protested the use of Chinese characters for Taiwanese Indigenous names by changing her legal name to "Lee I want to exclusively list my tribal name, my Bunun tribal name is Savungaz Valincinan"? ... that the first United States court case to recognize moral rights in authorship involved the use of music by four Soviet composers in the 1948 Cold War film The Iron Curtain? ... that the 2024 U.S. Supreme Court case Department of State v. Muñoz decided that the fundamental right to marry does not give a U.S. citizen a right to challenge their spouse's visa denial? ... that 90 percent of Indonesia's village-owned enterprises are not legal entities, hampering their ability to attract investors or open bank accounts? Legal news Wikinews Crime and law portal April 28: Reports: US judge Matthew Kacsmaryk redacted name of corporation he owned stock in on disclosure forms April 22: Russia sentences opposition activist Vladimir Kara-Murza to 25 years in penal colony April 21: Paris judge acquits Airbus, Air France of involuntary manslaughter in 2009 crash that killed 228 April 12: Russian authorities charge US reporter Evan Gershkovich with espionage April 11: Maryland, US attorney general's office alleges historic child sexual abuse by Catholic Church officials April 10: Former US President Donald Trump pleads not guilty to 34 felony charges in Manhattan April 5: Russia charges peace activist in assassination of pro-war blogger in Saint Petersburg April 2: 'Unfounded and unsubstantiated': London policemen cleared of beating Muslim March 29: 'Carlos the Jackal' on trial in France for third life sentence March 13: Sydney, Australia woman who "spontaneously" murdered boyfriend in "fatal explosion of emotion" sentenced March 9: Islamabad High Court temporarily suspends arrest warrant against former Pakistani PM Imran Khan February 26: Canadian soldier who filmed himself sexually abusing colleague has appeal dismissed Related portals General images The following are images from various law-related articles on Wikipedia. Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law) Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence) The Supreme Court Building houses the Supreme Court of the United States, the highest court in the federal judiciary of the United States. (from Judiciary) Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary) Mill believed law should create happiness. (from Jurisprudence) Aristotle, by Francesco Hayez (from Jurisprudence) Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence) Corpus Iuris Civilis, 1607 (from Judiciary) Gratian (from Judiciary) King John of England signs the Magna Carta (from Legal history) Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence) Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence) Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence) "With law shall land be built", from the Code of Jutland (1241) above the Copenhagen Court House, Denmark (from Legal history) 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) Topics Quality content Extended content Featured articles New Jersey's 1927 biannual elections proposal US–UK Mutual Defence Agreement Act of Accord Act of Independence of Lithuania Afroyim v. Rusk Raymond Pace Alexander Herman Vandenburg Ames Ashford v Thornton Shooting of James Ashley Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd Hugh Beadle Cora Agnes Benneson Will P. Brady Brown Dog affair John Edward Brownlee sex scandal William Calcraft Carucage City of Champaign v. 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Pendle witches Pepper (Inspector of Taxes) v Hart Regents of the University of California v. Bakke John Rolph Rosewood massacre Royal baccarat scandal Wiley Rutledge Samlesbury witches Death of Mark Saunders Henry W. Sawyer Saxbe fix Antonin Scalia Schmerber v. California Sega v. Accolade Elliott Fitch Shepard Shostakovich v. Twentieth Century-Fox Film Corp. Smith Act trials of Communist Party leaders Addie Viola Smith Melford Stevenson Stonewall riots William Howard Taft Throffer Tichborne case To Kill a Mockingbird Treaty of Lutatius Treaty of Guînes United States v. Kagama United States v. Lara United States v. Progressive, Inc. United States v. Washington United States v. Wong Kim Ark A Vindication of the Rights of Men Voting Rights Act of 1965 Washington v. Texas Featured lists Chief Justice of the Common Pleas List of County Court venues in England and Wales High courts of India List of politicians, lawyers, and civil servants educated at Jesus College, Oxford List of United States Supreme Court justices by time in office List of Washington (state) ballot measures List of attorneys general of West Virginia List of chief justices of India List of former county courts in Wales List of justices of the Supreme Court of Canada Master of the Rolls National Trails System List of presidents of India Sakharov Prize Timeline of Brexit Did you know? articles 501(h) election 1794 Treason Trials New Jersey's 1927 biannual elections proposal 1953 Show trial of the Kraków Curia US–UK Mutual Defence Agreement 1963 Danish land laws referendum 1990 Serbian constitutional referendum 1991 Sino-Soviet Border Agreement 1993 amendments to the Constitution of Malaysia 2001 Botswana judicial reform referendum 2005 Armenian constitutional referendum 2011 Malawian Air Fouling Legislation 2012 Oregon Ballot Measure 80 2014 California Proposition 47 2014 District of Columbia Attorney General election 2020 Hong Kong national security law 2022 British barristers' industrial action 2022 Ohio Issue 1 AGRIF Aboriginal Legal Service of Western Australia Aboriginal title statutes in the Thirteen Colonies Aboriginal title in the United States Aboriginal title Aboriginal title in California Aboriginal title in New Mexico Aboriginal title in New York Aboriginal title in the Marshall Court Aboriginal title in the Taney Court Abortion in Africa Abortion in Northern Cyprus Abraham Lincoln's patent Abuse defense Accessibility for Ontarians with Disabilities Act, 2005 Accessibility of the Metropolitan Transportation Authority Accurate News and Information Act Act of Independence of Central America Act of Independence of Lithuania Ángela Acuña Braun Administrative detention Administrative law in China Administrative law in Singapore Adobe Systems, Inc. v. 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Brady Alvin Bragg David Brand, Lord Brand Margraviate of Brandenburg Brandenburg–Pomeranian conflict Brentwood Academy v. Tennessee Secondary School Athletic Ass'n C. C. Bridgewater Lorentz Brinch 2011 British privacy injunctions controversy Broccoli mandate Treaty of Bromberg Bronfman kidnapping Bronston v. United States Janine Brookner Bropho v Western Australia Brown Dog affair Raymond A. Brown Brown v. Hotel and Restaurant Employees Brown v. Entertainment Merchants Association Brown v. Maryland John Edward Brownlee sex scandal Buchwald v. Paramount Buckeye Check Cashing, Inc. v. Cardegna Budget Control Act of 2011 Bug River property Dagmar Burešová Jon Burge Burgos trials Burning of women in England Daniel Higford Davall Burr Burton v. United States By-elections in Singapore Byelaws in the United Kingdom Peter Bynoe Byron v. 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