Law is a set of rules that are created and enforced by governmental or societal 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 legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. 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. Religious law is in use in some religious communities and states, and has historically influenced secular law.
A Quistclose trust is a trust created where a creditor has lent money to a debtor for a particular purpose. If the debtor uses the money for any other purpose, then it is held on trust for the creditor. Any inappropriately spent money can then be traced, and returned to the creditors. The name and trust comes from the House of Lords decision in Barclays Bank Ltd v Quistclose Investments Ltd (1970), although the underlying principles can be traced back further. (Full article...)
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...)
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. They are also distinguished from secondary legislation, or regulations, that are issued by an executive body under authority granted by a statute. Depending on the legal system, a statute may also be referred to as an "act." (Full article...)
The Act of Independence of Lithuania (Lithuanian: Lietuvos Nepriklausomybės Aktas) or the Act of February 16th, also the Lithuanian Resolution on Independence (Lithuanian: Lietuvos Nepriklausomybės Nutarimas), was signed by the Council of Lithuania on February 16, 1918. It proclaimed independence from Russia and the restoration of an independent State of Lithuania, governed by democratic principles, with Vilnius as its capital. The Act was signed by all twenty representatives of the Council, which was chaired by Jonas Basanavičius. The Act of February 16 was the result of a series of resolutions on the issue, including one issued by the Vilnius Conference and the Act of January 8. The path to the Act was long and complex because the German Empire exerted pressure on the Council to form an alliance. The Council had to carefully maneuver between the Germans, whose troops were present in Lithuania, and the demands of the Lithuanian people.
The immediate effects of the announcement of Lithuania's re-establishment of independence were limited. Publication of the Act was prohibited by the German authorities, and the text was distributed and printed illegally. The work of the Council was hindered, and Germans remained in control over Lithuania. The situation changed only when Germany lost World War I in the fall of 1918. In November 1918 the first Cabinet of Lithuania was formed, and the Council of Lithuania gained control over the territory of Lithuania. Independent Lithuania, although it would soon be battling the Wars of Independence, became a reality.
The laconic Act is the legal basis for the existence of modern Lithuania, both during the interwar period and since 1990. The Act formulated the basic constitutional principles that were and still are followed by all Constitutions of Lithuania. The Act itself was a key element in the foundation of Lithuania's re-establishment of independence in 1990. Lithuania, breaking away from the Soviet Union, stressed that it was simply re-establishing the independent state that existed between the world wars, claiming state continuity, and that the Act never lost its legal power. (Full article...)
... that Dutch physician Aletta Jacobs′ legal challenge to be added to the Amsterdam electoral rolls backfired, leading to a constitutional amendment granting voting rights only to men?
... that when Henry McCardie was a 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, the "Emperor of Porn", were used to convict 13 policemen of accepting his bribes?
Case 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. The term is often used interchangeably with common law. (Full article...)
Miranda v. Arizona, 384 U.S. 436 (1966), is a landmark decision of the U.S. Supreme Court in which the Court ruled that law enforcement must warn a person of their constitutional rights before interrogating them when they are in custody, or else the person's statements cannot be used as evidence against them at their trial. Specifically, the Court held that under the Fifth Amendment to the U.S. Constitution, the government cannot use a person's statements made in response to an interrogation while in police custody as evidence at the person's criminal trial unless they can show that the person was informed of the right to consult with a lawyer before and during questioning, and of the right against self-incrimination before police questioning, and that the defendant not only understood these rights but also voluntarily waived them before answering questions.
Miranda was viewed by many as a radical change in American criminal law, because the Due Process Clause was traditionally understood to protect Americans only from certain forms of formal coercion, such as threats of contempt of court. It transformed law enforcement in the United States by making what became known as the "Miranda warning" part of routine police procedure to ensure that suspects were informed of their rights, which came to be known as "Miranda rights". The Miranda warning concept quickly caught on across American law enforcement agencies, who came to call the practice "Mirandizing".
Pursuant to the U.S. Supreme Court decision Berghuis v. Thompkins (2010), a suspect must unambiguously invoke the right to remain silent or to counsel. If the suspect receives and understands the Miranda warnings and then voluntarily makes statements, those statements may be treated as establishing an implied waiver of those rights. (Full article...)
Image 9The 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 10A gavel and court minutes from 1861–1862, symbolic of legal decisions. (from Jurisprudence)
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