Portal:Law

Jump to navigation Jump to search

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. (Full article...)

Selected article

The engraving of a painting depicts a pensive looking John Coleridge. He wears judicial robes, a judge's wig, and has a large chain around his neck.

The chief justice of the Common Pleas was the head of the Court of Common Pleas, also known as the Common Bench or Common Place, which was the second-highest common law court in the English legal system until 1875, when it, along with the other two common law courts and the equity and probate courts, became part of the High Court of Justice. As such, the chief justice of the Common Pleas was one of the highest judicial officials in England, behind only the Lord High Chancellor and the Lord Chief Justice of England, who headed the Queen's Bench (King's when the monarch was male). (Full article...)

Selected biography

Black and white photograph of a seated man.

George Morison Robertson (February 26, 1821 – March 12, 1867) was an early politician and judge in the Kingdom of Hawaii. Born in Scotland, he settled in Hawaii in 1844 during the whaling era. During his career in Hawaii, he served in many political and judicial posts including circuit judge and police court judge, member of the Board of Commissioners to Quiet Land Titles, a multiple-term representative in the Hawaiian legislature, Speaker of the House of Representatives, Associate Justice of the Supreme Court of Hawaii and Minister of the Interior. (Full article...)

Selected statute

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. (Full article...)


Photograph of people harvesting opium

The Single Convention on Narcotic Drugs, 1961 (Single Convention, 1961 Convention, or C61) is an international treaty that controls activities (production, supply, trade, use) of specific narcotic drugs and establishes a system of regulations (licenses, measures for treatment, research, etc.) for their medical and scientific uses.

The treaty updated the Paris Convention of 13 July 1931, to include the vast number of synthetic opioids invented in the intervening 30 years and to add a mechanism for more easily including new ones. From 1931 to 1961, most of the families of synthetic opioids had been developed, including drugs related to methadone, pethidine (meperidine/Demerol), morphinans, and dextromoramide (Palfium, Palphium, Jetrium, Dimorlin, marketed solely in the Netherlands). Research on fentanyls and piritramide (R-3365, Pirium, Dipidolor, Piridolan, among others) was also nearing fruition at that point. (Full article...)

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?

Selected images

Selected case

Case law, also used interchangeably with common law, is 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 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...)


Cambridge Water Co Ltd v Eastern Counties Leather plc [1994] 1 All ER 53 is a case in English tort law that established the principle that claims under nuisance and Rylands v Fletcher must include a requirement that the damage be foreseeable; it also suggested that Rylands was a sub-set of nuisance rather than an independent tort, a debate eventually laid to rest in Transco plc v Stockport Metropolitan Borough Council.

The Cambridge Water Company were a company responsible for providing potable water to the inhabitants of Cambridge and the surrounding areas. In 1976, they purchased a borehole outside Sawston to deal with rising demand. In 1980, a European Directive was issued requiring nations of the European Community to establish standards on the presence of perchloroethene (PCE) in water, which the United Kingdom did in 1982. It was found that the Sawston borehole was contaminated with PCE that had originated in a tannery owned by Eastern Counties Leather. Prior to 1980, there was no knowledge that PCE should be avoided or that it could cause harm, but the Cambridge Water Company brought a case against Eastern Counties Leather anyway.

The case first went to the High Court of Justice, where Kennedy J dismissed claims under nuisance, negligence and Rylands v Fletcher because the harm was not foreseeable. His decision was reversed by the Court of Appeal of England and Wales, who cited an "obscure decision" to justify doing so. The case then went to the House of Lords, where a decision was read by Lord Goff on 9 December 1993. Goff first countered the Court of Appeal decision, restoring Kennedy's dismissal of the case, before moving on to the deeper legal points. Based on the original decision in Rylands, Goff argued that it had always been intended for foreseeability of harm to be a factor, something not previously put into law by the English judiciary. He then stated that Rylands was arguably a sub-set of nuisance, not an independent tort, and as such the factors which led him to including a test of foreseeability of harm in Rylands cases also imposed such a test on all nuisance cases.

The decision in Cambridge Water Co made an immediate change to the law, for the first time requiring foreseeability of harm to be considered in cases brought under Rylands v Fletcher and the general tort of nuisance. It was also significant in implying that Rylands was not an independent tort, something later concluded in the Transco case. Goff's judgment has been criticised on several points by academics, who highlight flaws in wording which leave parts of the judgment ambiguous and a selective assessment of Rylands that ignores outside influences. (Full article...)

More Did you know (auto-generated)

Nuvola apps filetypes.svg

Legal news

Wikinews Crime and law portal
Read and edit Wikinews

Related portals

General images

The following are images from various law-related articles on Wikipedia.

Topics

Quality content

Extended content
Featured articles
Featured lists
Did you know? articles