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.
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal of England and Wales, Civil Division, and Head of Civil Justice. As a judge, he is the second in seniority in England and Wales only to the Lord Chief Justice. The position dates from at least 1286, although it is believed that the office probably existed earlier than that.
The Master of the Rolls was initially a clerk responsible for keeping the "Rolls" or records of the Court of Chancery, and was known as the Keeper of the Rolls of Chancery. The Keeper was the most senior of the dozen Chancery clerks, and as such occasionally acted as keeper of the Great Seal of the Realm. The post evolved into a judicial one as the Court of Chancery did; the first reference to judicial duties dates from 1520. With the Judicature Act 1873, which merged the Court of Chancery with the other major courts, the Master of the Rolls joined the Chancery Division of the High Court and the Court of Appeal, but left the Chancery Division by the terms of the Judicature Act 1881. The Master of the Rolls had also been warden of the little-used Domus Conversorum for housing Jewish converts, which led to the house and chapel being used to store legal documents and later becoming the location of the Public Record Office. He retained his clerical functions as the nominal head of the Public Record Office until the Public Records Act 1958 transferred responsibility for it to the Lord Chancellor. One residual reminder of this role is the fact that the Master of the Rolls of the day continues to serve, ex officio, as President of the British Records Association. The Master of the Rolls was also previously responsible for registering solicitors, the officers of the Senior Courts. (more...)
Ioan Constantin Filitti (Romanian pronunciation: [i'on konstan'tin fi'liti], first name also Ion; Francized Jean C. Filitti; May 8, 1879 - September 21, 1945) was a Romanian historian, diplomat and conservative theorist, best remembered for his contribution to social history, legal history, genealogy and heraldry. A member of the Conservative Party and an assistant of its senior leader Titu Maiorescu, he had aristocratic (boyar) origins and an elitist perspective. Among his diverse contributions, several focus on 19th-century modernization under the Regulamentul Organic regime, during which Romania was ruled upon by the Russian Empire. As a historian, Filitti is noted for his perfectionism, and for constantly revising his own works.
I. C. Filitti had an auspicious debut in diplomacy and politics, but his career was mired in controversy. A "Germanophile" by the start of World War I, he secretly opposed the pact between Romania and the Entente Powers, and opted to stay behind in German-occupied territory. He fell into disgrace for serving the collaborationist Lupu Kostaki as Prefect and head of the National Theater, although he eventually managed to overturn his death sentence for treason. Filitti became a recluse, focusing on his scholarship and press polemics, but was allowed to serve on the Legislative Council after 1926.
In his political tracts, written well after the Conservative Party's demise, I. C. Filitti preserves the orthodox conservative principles of Maiorescu. His attachment to boyar tradition was expanded into a critique of centralized government, etatism and Romanian liberalism. Toward the end of his life, he supported the dictatorial regime known as National Renaissance Front. (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 Obscene Publications Act 1959 (c. 66) is an Act of Parliament of the United Kingdom Parliament that significantly reformed the law related to obscenity in England and Wales. Prior to the passage of the Act, the law on publishing obscene materials was governed by the common law case of R v Hicklin, which had no exceptions for artistic merit or the public good. During the 1950s, the Society of Authors formed a committee to recommend reform of the existing law, submitting a draft bill to the Home Office in February 1955. After several failed attempts to push a bill through Parliament, a committee finally succeeded in creating a viable bill, which was introduced to Parliament by Roy Jenkins and given the Royal Assent on 29 July 1959, coming into force on 29 August 1959 as the Obscene Publications Act 1959. With the committee consisting of both censors and reformers, the actual reform of the law was limited, with several extensions to police powers included in the final version.
The Act created a new offence for publishing obscene material, repealing the common law offence of obscene libel which was previously used, and also allows Justices of the Peace to issue warrants allowing the police to seize such materials. At the same time it creates two defences; firstly, the defence of innocent dissemination, and secondly the defence of public good. The Act has been used in several high-profile cases, such as the trials of Penguin Books for publishing Lady Chatterley's Lover and Oz for the Schoolkids OZ issue. (more...)
Did you know...
- ... that although Elizabeth Richards Tilton (pictured) was a central figure in a six-month-long trial, she was never allowed to speak in court?
- 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:
Government of NCT of Delhi versus Union of India & Another [C. A. No. 2357 of 2017] is a civil appeal heard before the Supreme Court of India by a five-judge constitution bench of the court. The case was filed as an appeal to an August2016 verdict of the Delhi High Court that ruled that the lieutenant governor of Delhi exercised "complete control of all matters regarding National Capital Territory (NCT) of Delhi", and was heard by the supreme court in November and December2017.
The supreme court pronounced its judgment on 4 July2018; it said the lieutenant governor of Delhi had no independent decision-making powers and was bound to follow the "aid and advice" of the Delhi chief-minister-headed council of ministers of the Government of Delhi on all matters except those pertaining to police, public order and land. The verdict was positively received almost unanimously by politicians from multiple parties. (more...)