Lady Justice , often used as a personification of the law, holding a sword in one hand and scales in the other.Law 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 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 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. Historically, religious law has influenced secular matters and is, as of the 21st century, still in use 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 .
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...
Scientific jury selection SJS , is the use of social science techniques and expertise to choose favorable juries during a criminal or civil trial . Scientific jury selection is used during the jury selection phase of the trial, during which lawyers have the opportunity to question jurors. It almost always entails an expert's assistance in the attorney 's use of peremptory challenges —the right to reject a certain number of potential jurors without stating a reason—during jury selection. The practice is currently unique to the American legal system .
SJS has roots in criminal trials during the Vietnam War era, but in modern times is usually employed in high-stakes civil litigation (where only money is usually at issue, in contrast to criminal trials, where the defendant can go to prison). SJS practitioners determine what background characteristics and attitudes predict favorable results, and then coordinate with attorneys in choosing the jury. Studies are mixed as to the effectiveness of the practice, though it is clear that the evidence presented at trial is the most important determiner of verdicts (the trial result) and that SJS is more likely to have an impact where that evidence is ambiguous. SJS's potential to unfairly skew the jury has led to some reform proposals, but none have yet been implemented. (Full article...
Charles Abbott, 1st Baron Tenterden PC barrister and judge who served as Lord Chief Justice of the King's Bench between 1818 and 1832. Born in obscure circumstances to a barber and his wife in Canterbury, Abbott was educated initially at a dame school before moving to The King's School, Canterbury in 1769. He was noted as an excellent student, receiving an exhibition scholarship from the school in March 1781, when he matriculated at Corpus Christi College, Oxford . Here he was elected a fellow , and also served as a tutor to the son of Sir Francis Buller , which first made him consider becoming a barrister. He joined the Middle Temple in 1787, transferring to the Inner Temple in 1793, and was called to the Bar by the Inner Temple in 1796. Abbott was noted as an excellent barrister, earning more than any other during his time at the Bar, despite being considered unimaginative and a poor speaker. He was offered a position as a Justice of the Court of Common Pleas in 1808, which he turned down; he accepted the same offer in 1816, receiving the customary knighthood and being appointed a Serjeant-at-Law .
Three months after he started sitting as a judge he was transferred to the Court of King's Bench , where he was initially rather poor, being unfamiliar with the court's business. Within two years he showed "the highest judicial excellence", and when Lord Ellenborough had a stroke in 1818, Abbott was chosen to replace him as Lord Chief Justice. His reign at the head of the Court of King's Bench saw the court flourish, with strong justices and his own much-admired abilities. He was appointed to the peerage in 1827, sitting as Charles Abbott, 1st Baron Tenterden, and initially attended the House of Lords regularly. His opposition to the Reform Act 1832 , which he claimed treated city corporations "with absolute contempt", led to his refusal to attend the Lords. Continuing to sit as Lord Chief Justice, Abbott gradually grew weaker, and finally fell ill halfway through a two-day trial. His disease baffled doctors, and he died on 4 November 1832 at his home in Queen Square, London . (Full article...
A statute 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 .[better source needed Statutes may originate with the legislative body of a country, state or province, county, or municipality . (Full article...
The Statute of Monopolies 21 Jas. 1 . c. 3) was an act of the Parliament of England notable as the first statutory expression of English patent law. Patents evolved from letters patent , issued by the monarch to grant monopolies over particular industries to skilled individuals with new techniques. Originally intended to strengthen England's economy by making it self-sufficient and promoting new industries, the system gradually became seen as a way to raise money (through charging patent-holders) without having to incur the public unpopularity of a tax. Elizabeth I particularly used the system extensively, issuing patents for common commodities such as starch and salt. Unrest eventually persuaded her to turn the administration of patents over to the common law courts, but her successor, James I , used it even more. Despite a committee established to investigate grievances and excesses, Parliament made several efforts to further curtail the monarch's power. The result was the Statute of Monopolies, passed on 29 May 1624 (although at the time this was thought to be 1623).
The statute repealed some past and future patents and monopolies but preserved exceptions: one of these was for patents for novel inventions. Seen as a key moment in the evolution of patent law, the statute has also been described as "one of the landmarks in the transition of [England's] economy from the feudal to the capitalist". Even with the statute in force, it took over a century for a comprehensive legal doctrine around patents to come into existence, and James I's successor Charles I regularly abused the patents system by ensuring that all cases relating to his actions were heard in conciliar courts , which he controlled. The English Civil War and the resulting English Restoration finally curtailed this system. The statute is still the basis for Australian law, and until the United Kingdom began following the European Patent Convention in 1977, was also a strong pillar of the United Kingdom's intellectual property law. (Full article...
... that Dutch physician Aletta Jacobs ′constitutional amendment granting voting rights only to men? ... that when Henry McCardie barrister , he often worked so late that his chambers were nicknamed "the lighthouse", as there was light coming from the windows? ... that the diaries of James Humphreys
Case law 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...
Jones v Kaney [2011] UKSC 13 is a 2011 decision of the Supreme Court of the United Kingdom on whether expert witnesses retained by a party in litigation can be sued for professional negligence in England and Wales, or whether they have the benefit of immunity from suit. The case involved a psychologist (Kaney) instructed as an expert witness in a personal injury claim, who was said to have negligently signed a statement of matters agreed with the expert instructed by the opposing side, in which she made a number of concessions that weakened the claim considerably. As a result, according to the injured claimant (Jones), he had to settle the claim for much less than he would have obtained had his expert not been careless. To succeed in the claim, he had to overturn an earlier Court of Appeal decision that had decided that preparation of a joint statement with the other side's expert was covered by immunity from suit. Kaney therefore succeeded in getting the claim struck out before trial on an application heard by Mr Justice Blake in the High Court of Justice . The judge issued a certificate allowing the claimant to "leapfrog " the Court of Appeal and go straight to the Supreme Court to appeal against his decision.
The Supreme Court, by a majority of five to two, decided that expert witnesses were not immune in the law of England and Wales from claims in tort or contract for matters connected with their participation in legal proceedings. This reversed a line of authority dating back 400 years. The case considered the narrow issue, namely whether preparation of a joint statement by experts was immune from suit, and the wider public policy issue of whether litigants should be able to sue experts that they had instructed for breach of duty. There was discussion about whether removing the immunity would have a "chilling effect" on the willingness of experts to participate in court proceedings, although judges on both sides of the decision agreed that there was no empirical evidence on the point. Lord Phillips , a member of the majority, compared the situation of expert witnesses with that of advocates, on the basis that both owed duties to clients and to the court. Advocates' immunity from claims in negligence had been removed in 2001 in Hall v Simons . The change, he said, had not led to an increase in vexatious claims or a reduction in the performance of duties owed by advocates to the court. Lord Hope , in the minority, said that experts and advocates had different functions and so disagreed with the comparison. He also pointed out that English law would now be different from Scots law on this issue. (Full article...
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The following are images from various law-related articles on Wikipedia.
Image 1 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 )
Image 2 Plato (left) and
Aristotle (right), a detail of
The School of Athens (from
Jurisprudence )
Image 3 Mill believed law should create happiness. (from
Jurisprudence )
Image 4 Oliver Wendell Holmes was a self-styled legal realist. (from
Jurisprudence )
Image 6 Lady Justice (Latin:
Justicia ), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from
Judiciary )
Image 7 Philosophers of law ask "what is law, and what should it be?" (from
Jurisprudence )
Image 8 King John of England signs the Magna Carta (from
Legal history )
Image 9 Bentham's utilitarian theories remained dominant in law until the twentieth century. (from
Jurisprudence )
Image 10 Image of pages from the
Decretum of
Burchard of Worms , an 11th-century book of canon law (from
Canon law )
Image 12 Thomas Aquinas was the most influential Western medieval legal scholar. (from
Jurisprudence )
Image 13 Gratian (from
Judiciary )
Image 14 Corpus Iuris Civilis , 1607 (from
Judiciary )
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