Portal:Law

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The Law Portal

Lady Justice, often used as a personification of the law, holding a sword in one hand and scales in the other.

Law is a set of rules that are created and are 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...)

Selected article

The Legazpi-Sikatuna Blood Compact or Sandugo (Spanish: Pacto de Sangre) was a blood compact, performed in the island of Bohol in the Philippines, between the Spanish explorer Miguel López de Legazpi and Datu Sikatuna, chieftain of Bohol, on March 16, 1565, to seal their friendship following tribal tradition. This is considered the first treaty of friendship between the Spaniards and Filipinos. "Sandugo" is a Visayan word which means "one blood".

The Sandugo is depicted in both the provincial flag and the official seal of the government in Bohol. It also features the image of the blood compact. The top of the seal explains the history behind the Sandugo event that occurred in Bohol, the fleet and the location where the Spaniards anchored and the place where the treaty was conducted which was dated on March 16, 1565. (Full article...)

Selected biography

A black and white photograph of Warren G. Magnuson

Warren Grant "Maggie" Magnuson (April 12, 1905 – May 20, 1989) was an American lawyer and politician. A member of the 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.

Selected statute

A statute is a formal written enactment of a 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...)

Did you know...

Aerial photograph of an island.

  • ... that in the Bancoult litigation, the English courts and government first decided that the Chagossians could return home (pictured), then that they couldn't, then that they could, and then that they couldn't?

Selected images

Selected case

Case law, also used interchangeably with 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...)


Sepia-toned photograph of a man in a wig

Motte v Faulkner (decided 28 November 1735) was a copyright lawsuit between Benjamin Motte and George Faulkner over who had the legal rights to publish the works of Jonathan Swift in London. This trial was one of the first to test the Statute of Anne copyright law in regards to Irish publishing independence. Although neither held the copyright to all of Swift's works, the suit became a legal struggle over Irish rights, which were eventually denied by the English courts. Faulkner, in 1735, published the Works of Jonathan Swift in Dublin. However, a few of the works were under Motte's copyright within the Kingdom of Great Britain, and when Faulkner sought to sell his book in London, Motte issued a formal complaint to Jonathan Swift and then proceeded to sue Faulkner. An injunction was issued in Motte's favor, and the book was prohibited from being sold on British soil. The basis of the law protected the rights of the author, and not the publisher, of the works, and Swift was unwilling to support a lawsuit against Faulkner. With Swift's reaction used as a basis, the lawsuit was later seen as a struggle between the rights of Irishmen to print material that were denied under English law. (Full article...)

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