The Law Portal
Law commonly refers to 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.
A total of 114 people have served on the Supreme Court of the United States, the highest judicial body in the United States, since it was established in 1789. Supreme Court justices have life tenure, and so they serve until they die, resign, retire, or are impeached and removed from office. For the 105 non-incumbent justices, the average length of service was 6,203 days (16 years, 359 days). Their length of service ranges from William O. Douglas's 13,358 days (36 years, 209 days) on the Court to the 163-day tenure of Thomas Johnson. Among the current members of the Court, Clarence Thomas's tenure of 10,520 days (28 years, 293 days) is the longest, while Brett Kavanaugh's 1 year, 310 days is the briefest.
The table below ranks all United States Supreme Court Justices by time in office. For five individuals confirmed for associate justice, and later served as chief justice —Charles Evans Hughes, William Rehnquist, John Rutledge, Harlan F. Stone, and Edward Douglass White—their cumulative length of service on the Court is measured. The basis of the ranking is the difference between dates; if counted by number of calendar days all the figures would be one greater, with the exception of Charles Evans Hughes and John Rutledge, who would receive two days, as each served on the Court twice (their service as associate justice and as chief justice was separated by a period of years off the Court). The start date given for each justice is the day he or she took the prescribed oath of office, with the end date being the date of the justice's death, resignation, or retirement. A highlighted row indicates a justice currently serving on the Court. (more...)
William Norman Birkett, 1st Baron Birkett, Kt, PC, QC (6 September 1883 – 10 February 1962) was a British barrister, judge, politician and preacher who served as the alternate British judge during the Nuremberg Trials.
Birkett received his education at Barrow-in-Furness Higher Grade School. He was a Methodist preacher and a draper before attending Emmanuel College, Cambridge in 1907, to study theology, history and law. Upon graduating in 1910 he worked as a secretary and was called to the Bar in 1913.
Declared medically unfit for military service during World War I, Birkett used the time to make up for his late entry into the legal profession and was appointed a King's Counsel in 1924. He became a criminal defence lawyer and acted as counsel in a number of famous cases including the second of the Brighton trunk murders. A member of the Liberal Party, he sat in Parliament for Nottingham East twice, first in 1923 and again in 1929.
Despite refusing appointment to the High Court of Justice in 1928, he was offered the position again in 1941 and accepted, joining the King's Bench Division. In 1945 he served as the alternate British judge at the Nuremberg trials, and he was made a Privy Counsellor in 1947. He joined the Court of Appeal (England and Wales) in 1950 but retired in 1956 when he had served for long enough to draw a pension. From 1958 he served in the House of Lords, and his speech against a private bill in 1962 saw it defeated by 70 votes to 36, two days before he died on 10 February 1962. (more...)
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies.
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Following is an example of a noted statute or comparable written law:
The Accurate News and Information Act was a statute passed by the Legislative Assembly of Alberta, Canada, in 1937, at the instigation of William Aberhart's Social Credit government. It would have required newspapers to print "clarifications" of stories that a committee of Social Credit legislators deemed inaccurate, and to reveal their sources on demand.
The act was a result of the stormy relationship between Aberhart and the press, which dated to before the 1935 election, in which the Social Credit League was elected to government. Virtually all of Alberta's newspapers—especially the Calgary Herald—were critical of Social Credit, as were a number of publications from elsewhere in Canada. Even the American media had greeted Aberhart's election with derision.
Though the act won easy passage through the Social Credit-dominated legislature, Lieutenant-Governor of Alberta John C. Bowen reserved royal assent until the Supreme Court of Canada evaluated the act's legality. In 1938's Reference re Alberta Statutes, the court found that it was unconstitutional, and it never became law. (more...)
Did you know...
- ... that the non-payment of debts is the archetype for the seventeen other Hindu titles of law, including that of sexual crimes against women?
- ... that Peter Rosted served as chief judge at Norway's Inderøy District Court for 46 years, from 1733 to 1776?
- Click to enlarge and view description
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.
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For examples of noted cases, see Lists of case law. Following is one example of such a noted case:
R v Hopley (more commonly known as the Eastbourne manslaughter) was an 1860 legal case in Eastbourne, Sussex, England, concerning the death of 15-year-old Reginald Cancellor (some sources give his name as Chancellor and his age as 13 or 14) at the hands of his teacher, Thomas Hopley. Hopley used corporal punishment with the stated intention of overcoming what he perceived as stubbornness on Cancellor's part, but instead beat the boy to death.
An inquest into Cancellor's death began when his brother requested an autopsy. As a result of the inquest Hopley was arrested and charged with manslaughter. He was found guilty at trial and sentenced to four years in prison, although he insisted that his actions were justifiable and that he was not guilty of any crime. The trial was sensationalised by the Victorian press and incited debate over the use of corporal punishment in schools. After Hopley's release and subsequent divorce trial, he largely disappeared from the public record. The case became an important legal precedent in the United Kingdom for discussions of corporal punishment in schools and reasonable limits on discipline. (more...)