From Wikipedia, the free encyclopedia

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

A Tudor man in a large coat and hat, possibly of fur, sitting at a desk

The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of the Rolls is second in seniority in England and Wales only to the Lord Chief Justice. The position dates from at least 1286, although it is believed that the office probably existed earlier than that.

The Master of the Rolls was initially a clerk responsible for keeping the "Rolls" or records of the Court of Chancery, and was known as the Keeper of the Rolls of Chancery. The Keeper was the most senior of the dozen Chancery clerks, and as such occasionally acted as keeper of the Great Seal of the Realm. The post evolved into a judicial one as the Court of Chancery did; the first reference to judicial duties dates from 1520. With the Judicature Act 1873, which merged the Court of Chancery with the other major courts, the Master of the Rolls joined the Chancery Division of the High Court and the Court of Appeal, but left the Chancery Division by the terms of the Judicature Act 1881. The Master of the Rolls had also been warden of the little-used Domus Conversorum for housing Jewish converts, which led to the house and chapel being used to store legal documents and later becoming the location of the Public Record Office. He retained his clerical functions as the nominal head of the Public Record Office until the Public Records Act 1958 transferred responsibility for it to the Lord Chancellor. One residual reminder of this role is the fact that the Master of the Rolls of the day continues to serve, ex officio, as President of the British Records Association. The Master of the Rolls was also previously responsible for registering solicitors, the officers of the Senior Courts. ( Full article...)

Selected biography

A sepia-toned portrait of Garran

Sir Robert Randolph Garran GCMG KC (10 February 1867 – 11 January 1957) was an Australian lawyer who became "Australia's first public servant" – the first federal government employee after the federation of the Australian colonies. He served as the departmental secretary of the Attorney-General's Department from 1901 to 1932, and after 1916 also held the position of Solicitor-General of Australia.

Garran was born in Sydney, the son of the journalist and politician Andrew Garran. He studied arts and law at the University of Sydney and was called to the bar in 1891. Garran was a keen supporter of the federation movement, and became acquainted with leading federalists like George Reid and Edmund Barton. At the 1897–98 constitutional convention he served as secretary of the drafting committee. On 1 January 1901, Garran was chosen by Barton's caretaker government as its first employee; for a brief period, he was the only member of the Commonwealth Public Service. His first duty was to write the inaugural edition of the Commonwealth Gazette, which contained Queen Victoria's proclamation authorising the creation of a federal government.

Over the following three decades, Garran provided legal advice to ten different prime ministers, from Barton to Joseph Lyons. He was considered an early expert in Australian constitutional law, and with John Quick published an annotated edition of the constitution that became a standard reference work. Garran developed a close relationship with Billy Hughes during World War I, and accompanied him to the Imperial War Cabinet and the Paris Peace Conference. Hughes, who was simultaneously prime minister and attorney-general, appointed him to the new position of solicitor-general and delegated numerous powers and responsibilities to him. He was knighted three times for his service to the Commonwealth, in 1917, in 1920 and in 1937. ( Full article...)

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...

Photographs of a woman standing at a podium and gesturing.

  • ... 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?

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...)


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)

  • ... that the BK inequality was used to identify implausibly lucky Florida Lottery winners, whose involvement in illegal activities was later confirmed by investigations?
  • ... that a complaint over an allegedly illegal transmitter move led to Texas radio station KFQX-FM being forced off the air for four hours in 1988?
  • ... that Frank Jackson was born free but had to win two court cases before he was freed from forced slavery?
  • ... that the release of Lee Hyori's album It's Hyorish had to be moved forward after several tracks were illegally leaked?
  • ... that American legal scholar John Hart Ely penned a law review article castigating the Supreme Court's decision in Roe v. Wade, despite being pro-choice?
  • ... that a U.S. Supreme Court case had "odd bedfellows"?

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
Featured portals
In the News articles
Main page featured articles
Main page featured lists
Good articles

For a list of good articles on legal topics, see here.


Subcategories

WikiProjects

Associated Wikimedia

The following Wikimedia Foundation sister projects provide more on this subject:

Discover Wikipedia using portals
From Wikipedia, the free encyclopedia

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

A Tudor man in a large coat and hat, possibly of fur, sitting at a desk

The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of the Rolls is second in seniority in England and Wales only to the Lord Chief Justice. The position dates from at least 1286, although it is believed that the office probably existed earlier than that.

The Master of the Rolls was initially a clerk responsible for keeping the "Rolls" or records of the Court of Chancery, and was known as the Keeper of the Rolls of Chancery. The Keeper was the most senior of the dozen Chancery clerks, and as such occasionally acted as keeper of the Great Seal of the Realm. The post evolved into a judicial one as the Court of Chancery did; the first reference to judicial duties dates from 1520. With the Judicature Act 1873, which merged the Court of Chancery with the other major courts, the Master of the Rolls joined the Chancery Division of the High Court and the Court of Appeal, but left the Chancery Division by the terms of the Judicature Act 1881. The Master of the Rolls had also been warden of the little-used Domus Conversorum for housing Jewish converts, which led to the house and chapel being used to store legal documents and later becoming the location of the Public Record Office. He retained his clerical functions as the nominal head of the Public Record Office until the Public Records Act 1958 transferred responsibility for it to the Lord Chancellor. One residual reminder of this role is the fact that the Master of the Rolls of the day continues to serve, ex officio, as President of the British Records Association. The Master of the Rolls was also previously responsible for registering solicitors, the officers of the Senior Courts. ( Full article...)

Selected biography

A sepia-toned portrait of Garran

Sir Robert Randolph Garran GCMG KC (10 February 1867 – 11 January 1957) was an Australian lawyer who became "Australia's first public servant" – the first federal government employee after the federation of the Australian colonies. He served as the departmental secretary of the Attorney-General's Department from 1901 to 1932, and after 1916 also held the position of Solicitor-General of Australia.

Garran was born in Sydney, the son of the journalist and politician Andrew Garran. He studied arts and law at the University of Sydney and was called to the bar in 1891. Garran was a keen supporter of the federation movement, and became acquainted with leading federalists like George Reid and Edmund Barton. At the 1897–98 constitutional convention he served as secretary of the drafting committee. On 1 January 1901, Garran was chosen by Barton's caretaker government as its first employee; for a brief period, he was the only member of the Commonwealth Public Service. His first duty was to write the inaugural edition of the Commonwealth Gazette, which contained Queen Victoria's proclamation authorising the creation of a federal government.

Over the following three decades, Garran provided legal advice to ten different prime ministers, from Barton to Joseph Lyons. He was considered an early expert in Australian constitutional law, and with John Quick published an annotated edition of the constitution that became a standard reference work. Garran developed a close relationship with Billy Hughes during World War I, and accompanied him to the Imperial War Cabinet and the Paris Peace Conference. Hughes, who was simultaneously prime minister and attorney-general, appointed him to the new position of solicitor-general and delegated numerous powers and responsibilities to him. He was knighted three times for his service to the Commonwealth, in 1917, in 1920 and in 1937. ( Full article...)

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...

Photographs of a woman standing at a podium and gesturing.

  • ... 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?

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...)


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)

  • ... that the BK inequality was used to identify implausibly lucky Florida Lottery winners, whose involvement in illegal activities was later confirmed by investigations?
  • ... that a complaint over an allegedly illegal transmitter move led to Texas radio station KFQX-FM being forced off the air for four hours in 1988?
  • ... that Frank Jackson was born free but had to win two court cases before he was freed from forced slavery?
  • ... that the release of Lee Hyori's album It's Hyorish had to be moved forward after several tracks were illegally leaked?
  • ... that American legal scholar John Hart Ely penned a law review article castigating the Supreme Court's decision in Roe v. Wade, despite being pro-choice?
  • ... that a U.S. Supreme Court case had "odd bedfellows"?

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
Featured portals
In the News articles
Main page featured articles
Main page featured lists
Good articles

For a list of good articles on legal topics, see here.


Subcategories

WikiProjects

Associated Wikimedia

The following Wikimedia Foundation sister projects provide more on this subject:

Discover Wikipedia using portals

Videos

Youtube | Vimeo | Bing

Websites

Google | Yahoo | Bing

Encyclopedia

Google | Yahoo | Bing

Facebook