Portal:Law
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Portal:Law

The Law Portal

Lady Justice, often used as a personification of the law, holding a sword in one scales in the other.

Law is a system of rules created and enforced through 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 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 serves as a mediator of relations between people.

Legal systems vary between countries, 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 make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Historically, religious law influenced secular matters, and is still used 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.

Law's scope can be divided into two domains. Public law concerns government and society, including constitutional law, administrative law, and criminal law. Private law deals with legal disputes between individuals and/or organisations 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.

Law provides a source of scholarly inquiry into legal history, philosophy, economic analysis and sociology. Law also raises important and complex issues concerning equality, fairness, and justice. (Full article...)

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A black and white photograph of Bricker

The Bricker Amendment is the collective name of a number of slightly different proposed amendments to the United States Constitution considered by the United States Senate in the 1950s. None of these amendments ever passed Congress. Each of them would require explicit congressional approval, especially for executive agreements that did not require the Senate's two-thirds approval for treaty. They are named for their sponsor, conservative Republican Senator John W. Bricker of Ohio, who distrusted the exclusive powers of the president to involve America beyond the wishes of Congress.

American entry into World War II led to a new sense of internationalism, which seemed threatening to many conservatives. Frank E. Holman, president of the American Bar Association (ABA), called attention to Federal court decisions, notably Missouri v. Holland, which he claimed could give international treaties and agreements precedence over the United States Constitution and could be used by foreigners to threaten American liberties. Bricker was influenced by the ABA's work and first introduced a proposed constitutional amendment in 1951. With substantial popular support and the election of a Republican president and Congress in the elections of 1952, together with support from many Southern Democrats, Bricker's plan seemed destined to pass Congress by the necessary two-thirds vote and be sent to the individual states for ratification by three-fourths of the state legislatures.

The best-known version of the Bricker Amendment, considered by the Senate in 1953-54, declared that no treaty could be made by the United States that conflicted with the Constitution; treaties could not be self-executing without the passage of separate enabling legislation through Congress; treaties could not give Congress legislative powers beyond those specified in the Constitution. It also limited the president's power to enter into executive agreements with foreign powers. (Full article...) (more...)

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Assata Olugbala Shakur (born JoAnne Deborah Byron; July 16, 1947; married name, JoAnne Chesimard) is a former member of the Black Liberation Army (BLA), who was convicted in the first-degree murder of State Trooper Werner Foerster during a shootout on the New Jersey Turnpike in 1973. Shakur is wanted by the FBI and there is a 2 million dollar reward for her apprehension.

Born in Flushing, Queens, she grew up in New York City and Wilmington, North Carolina. After she ran away from home several times, her aunt, who would later act as one of her lawyers, took her in. She became involved in political activism at Borough of Manhattan Community College and City College of New York. After graduation, she began using the name Assata Shakur, and briefly joined the Black Panther Party. She then joined the BLA, a loosely knit offshoot of the Black Panthers, which engaged in an armed struggle against the US government through tactics such as robbing banks and killing police officers and drug dealers.

Between 1971 and 1973, she was charged with several crimes and was the subject of a multi-state manhunt. In May 1973, Shakur was arrested after being wounded in a shootout on the New Jersey Turnpike. Also involved in the shootout were New Jersey State Troopers Werner Foerster and James Harper and BLA members Sundiata Acoli and Zayd Malik Shakur. State Trooper Harper was wounded; Zayd was killed; State Trooper Foerster was shot and killed. Between 1973 and 1977, Shakur was charged with murder, attempted murder, armed robbery, bank robbery, and kidnapping in relation to the shootout and six other incidents. She was acquitted on three of the charges and three were dismissed. In 1977, she was convicted of the murder of State Trooper Foerster and of seven other felonies related to the shootout; her defense argued medical evidence suggested her innocence.

While serving a life sentence for murder, she escaped from the Clinton Correctional Facility for Women in 1979. She surfaced in Cuba in 1984, where she was granted political asylum. Shakur has lived in Cuba since, despite US government efforts to have her returned. She has been on the FBI Most Wanted Terrorists list since 2013 as Joanne Deborah Chesimard and was the first woman to be added to this list. (Full article...) (more...)

What is a statute?

A statute reffers to the body of law that are made by legislature of the nation with instrument which govern the state, country or any nation. it includes laws, rules and the reulation whichhas to be followed by each citizen in the county. (Full article...)

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Following is an example of a noted statute or comparable written law:


Photograph of a building

The English Poor Laws were a system of poor relief in England and Wales that developed out of the codification of late-medieval and Tudor-era laws in 1587-1598. The system continued until the modern welfare state emerged after the Second World War.

English Poor Law legislation can be traced back as far as 1536, when legislation was passed to deal with the impotent poor, although there were much earlier Tudor laws dealing with the problems caused by vagrants and beggars. The history of the Poor Law in England and Wales is usually divided between two statutes: the Old Poor Law passed during the reign of Elizabeth I (1558-1603) and the New Poor Law, passed in 1834, which significantly modified the system of poor relief. The New Poor Law altered the system from one which was administered haphazardly at a local parish level to a highly centralised system which encouraged the large-scale development of workhouses by poor law unions.[better source needed] (Full article...) (more...)


Did you know...

Red dresses representing missing and murdered Indigenous women.

  • ... that after the death of Olaseni Lewis, who was restrained by 11 police officers, UK law was changed to require police to wear body cameras when dealing with vulnerable people?

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What is case law?

Case law is the collection of past legal decisions written by courts and similar tribunals in the course of deciding cases, in which the law was analyzed using these cases to resolve ambiguities for deciding current cases. 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. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law.

In common law countries (including the United Kingdom, United States, Canada, Australia and New Zealand), the term case law is a near-exact synonym for common law. It is used for judicial decisions of selected appellate courts, courts of first instance, agency tribunals, and other bodies discharging adjudicatory functions. (Full article...)

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For examples of noted cases, see Lists of case law. Following is one example of such a noted case:


Some fancy heraldry

Cream Holdings Ltd v Banerjee [2004] UKHL 44 was a 2004 decision by the House of Lords on the impact of the Human Rights Act 1998 on freedom of expression. The Act, particularly Section 12, cautioned the courts to only grant remedies that would restrict publication before trial where it is "likely" that the trial will establish that the publication would not be allowed. Banerjee, an accountant with Cream Holdings, obtained documents which she claimed contained evidence of illegal and unsound practices on Cream's part and gave them to the Liverpool Daily Post & Echo, who ran a series of articles on 13 and 14 June 2002 asserting that a director of Cream had been bribing a local council official in Liverpool. Cream applied for an emergency injunction on 18 June in the High Court of Justice, where Lloyd J decided on 5 July that Cream had shown "a real prospect of success" at trial, granting the injunction. This judgment was confirmed by the Court of Appeal on 13 February 2003.

Leave was given to appeal to the House of Lords, where a judgment was given on 14 October 2004 by Lord Nicholls, with the other judges assenting. In it, Nicholls said that the test required by the Human Rights Act, "more likely than not", was a higher standard than "a real prospect of success", and that the Act "makes the likelihood of success at the trial an essential element in the court's consideration of whether to make an interim order", asserting that in similar cases courts should be reluctant to grant interim injunctions unless it can be shown that the claimant is "more likely than not" to succeed. At the same time, he admitted that the "real prospect of success" test was not necessarily insufficient, granting the appeal nonetheless because Lloyd J had ignored the public interest element of the disclosure. As the first confidentiality case brought after the Human Rights Act, Cream is the leading case used in British "breach of confidentiality" cases. (Full article...) (more...)


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