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...
Warren Grant "Maggie" Magnuson Democratic Party , he served as a U.S. Representative (1937–1944) and a U.S. Senator (1944–1981) from Washington . He served over 36 years in the Senate, and was the most senior member of the body during his final two years in office. He earned a Bachelor of Laws degree from the University of Washington School of Law in 1929, and became active in politics in 1928, volunteering for A. Scott Bullitt for governor and Al Smith for president . In 1929, Magnuson was admitted to the bar and joined the law office of Judge Samuel Stern in Seattle. He served as special prosecutor for King County in 1932, investigating official misconduct. He was a leading supporter of repealing state Prohibition laws and establishing the state Liquor Control Board. From 1933 to 1934, Magnuson served as a member of the Washington House of Representatives from the Seattle-based 37th Legislative District. As a state legislator, he sponsored the first unemployment compensation bill in the nation. He was a delegate to the state constitutional convention in 1933. He briefly served as Assistant United States District Attorney before being elected prosecuting attorney of King County, serving from 1934 to 1936.
Magnuson was first elected to the House of Representatives in 1936, filling a vacancy caused by the sudden death of fellow Democrat Marion Zioncheck on August 7, 1936. In 1937, along with senators Homer Bone and Matthew Neely , he introduced the National Cancer Institute Act , which was signed into law by President Franklin D. Roosevelt on August 5 of that year. Magnuson won re-election in 1938, 1940, and 1942. In 1944, he successfully ran for the U.S. Senate. He was appointed on December 14, 1944, to fill the vacancy created by Homer Bone 's appointment to the Ninth Circuit Court of Appeals , thus resigning from the House and starting his service in the Senate a month early. He was re-elected in 1950, 1956, 1962, 1968, and 1974. He served on the Senate Commerce Committee throughout his tenure in the Senate, and the Senate Appropriations Committee during his final term.
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 United States Bill of Rights amendments to the United States Constitution . Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists , the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights , clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people . The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787), the English Bill of Rights (1689), and Magna Carta (1215).
Largely because of the efforts of Representative James Madison , who studied the deficiencies of the Constitution pointed out by Anti-Federalists and then crafted a series of corrective proposals, Congress approved twelve articles of amendment on September 25, 1789, and submitted them to the states for ratification. Contrary to Madison's proposal that the proposed amendments be incorporated into the main body of the Constitution (at the relevant articles and sections of the document), they were proposed as supplemental additions (codicils) to it. Articles Three through Twelve were ratified as additions to the Constitution on December 15, 1791, and became Amendments One through Ten of the Constitution. Article Two became part of the Constitution on May 5, 1992, as the Twenty-seventh Amendment . Article One is still pending before the states.
Although Madison's proposed amendments included a provision to extend the protection of some of the Bill of Rights to the states, the amendments that were finally submitted for ratification applied only to the federal government. The door for their application upon state governments was opened in the 1860s, following ratification of the Fourteenth Amendment . Since the early 20th century both federal and state courts have used the Fourteenth Amendment to apply portions of the Bill of Rights to state and local governments. The process is known as incorporation . (Full article...
... that English gynaecologist Margaret Puxon
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...
Palsgraf v. Long Island Railroad Co. N.E. 99 (1928), is a leading case in American tort law on the question of liability to an unforeseeable plaintiff . The case was heard by the New York Court of Appeals , the highest state court in New York ; its opinion was written by Chief Judge Benjamin Cardozo , a leading figure in the development of American common law and later a United States Supreme Court justice.
The plaintiff, Helen Palsgraf, was waiting at a Long Island Rail Road station in August 1924 while taking her daughters to the beach. Two men attempted to board the train before hers; one (aided by railroad employees) dropped a package that exploded, causing a large coin-operated scale on the platform to hit her. After the incident, she began to stammer , and subsequently sued the railroad, arguing that its employees had been negligent while assisting the man, and that she had been harmed by the neglect. In May 1927 she obtained a jury verdict of $6,000, which the railroad appealed. Palsgraf gained a 3–2 decision in the Appellate Division , and the railroad appealed again. Cardozo wrote for a 4–3 majority of the Court of Appeals, ruling that there was no negligence because the employees, in helping the man board, did not have a duty of care to Palsgraf as injury to her was not a foreseeable harm from aiding a man with a package. The original jury verdict was overturned, and the railroad won the case.
A number of factors, including the bizarre facts and Cardozo's outstanding reputation, made the case prominent in the legal profession, and it remains so, taught to most if not all American law students in torts class. Cardozo's conception, that tort liability can only occur when a defendant breaches a duty of care the defendant owes to a plaintiff, causing the injury sued for, has been widely accepted in American law . In dealing with proximate cause , many states have taken the approach championed by the Court of Appeals' dissenter in Palsgraf , Judge William S. Andrews . (Full article...
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The following are images from various law-related articles on Wikipedia.
Image 1 Mill believed law should create happiness. (from
Jurisprudence )
Image 2 Thomas Aquinas was the most influential Western medieval legal scholar. (from
Jurisprudence )
Image 5 Image of pages from the
Decretum of
Burchard of Worms , an 11th-century book of canon law (from
Canon law )
Image 6 Philosophers of law ask "what is law, and what should it be?" (from
Jurisprudence )
Image 7 Bentham's utilitarian theories remained dominant in law until the twentieth century. (from
Jurisprudence )
Image 8 Lady Justice (Latin:
Justicia ), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from
Judiciary )
Image 9 Gratian (from
Judiciary )
Image 10 Corpus Iuris Civilis , 1607 (from
Judiciary )
Image 11 King John of England signs the Magna Carta (from
Legal history )
Image 12 Oliver Wendell Holmes was a self-styled legal realist. (from
Jurisprudence )
Image 13 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 14 Plato (left) and
Aristotle (right), a detail of
The School of Athens (from
Jurisprudence )
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Texas John Watson (advocate) Watson v British Boxing Board of Control Watts and Betchart murder case Amy Wax Weapon Systems Acquisition Reform Act of 2009 Webster ruling Wednesbury unreasonableness in Singapore law Georges Weill Randi Weingarten Welsh Church (Amendment) Act 1938 Welsh Church (Burial Grounds) Act 1945 Welsh Church (Temporalities) Act 1919 West Indian Incumbered Estates Acts Westmoreland v. CBS Claude Weston Mark Wetjen Wheeler v JJ Saunders Ltd When a man argues against two beautiful ladies like this, they are going to have the last word Alexander White (Virginia politician) Christian Streit White Francis White (Virginia politician) John Baker White (West Virginia politician) John Baker White (clerk of court) Penny J. White Robert White (West Virginia state senator) Robert White (attorney general) Robert White (judge) White v Driver Reah Whitehead Widener University Commonwealth Law School Bambang Widjojanto Wieman v. Updegraff Wiggins v. Smith Wik Peoples v Queensland Elizabeth Wilkins Robert L. Wilkins Wilko v. Swan Will v. Michigan Department of State Police Willamette Law Review Willard v. Tayloe Wills Act 1963 Wine law Wingspread Conference on the Precautionary Principle Wisconsin Department of Revenue v. William Wrigley Jr. Co. Witch-hunt Witchcraft Suppression Act, 1957 Witches of Belvoir Witnesses and testimonies of the Armenian genocide Willem Witteveen Andrew Wodrow Wolk v. Kodak Imaging Network, Inc. Women's suffrage in film Walton J. Wood Woodroffe-Hedley v Cuthbertson Bonnie Woods Woodson Law Office Stanley Woodward (attorney) Wool Products Labeling Act Walter Woon 2015 Wootton Bassett rail incident World Courts of Women Wrangell Bombardment Julian M. Wright Writ of mandate (California) Francis Wythens Xiao Yang (judge) Yamagata–Lobanov Agreement Yasui v. United States Ye Htoon Year and a day rule Yong Pung How Young v. Facebook, Inc. Zacchini v. Scripps-Howard Broadcasting Co. Brian K. 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