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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...)

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Selected article

Precedent is a principle or rule established in a legal case that becomes authoritative to a court or other tribunal when deciding subsequent cases with similar legal issues or facts. The legal doctrine stating that courts should follow precedent is called stare decisis (a Latin phrase with the literal meaning "to stand by things decided").

Common-law legal systems often view precedent as binding or persuasive, while civil law systems do not. Common-law systems aim for similar facts to yield similar and predictable outcomes, and observing precedent when making decisions is the mechanism to achieve that goal. Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance).

Case law, in common-law jurisdictions, is the set of decisions of adjudicatory tribunals or other rulings that can be cited as precedent. In most countries, including most European countries, the term is applied to any set of rulings on law, which is guided by previous rulings, for example, previous decisions of a government agency. Essential to the development of case law is the publication and indexing of decisions for use by lawyers, courts, and the general public, in the form of law reports. A precedent is a historical setting example for the future (though at varying levels of authority as discussed throughout this article), some become "leading cases" or "landmark decisions" that are cited especially often.

Generally speaking, a legal precedent may be:

applied (if precedent is binding) / adopted (if precedent is persuasive), if the principles underpinning the previous decision are accordingly used to evaluate the issues of the subsequent case;
distinguished, if the principles underpinning the previous decision are found specific to, or premised upon, certain factual scenarios, and not applied to the subsequent case because of the absence or material difference in the latter's facts;
modified, if the same court on determination of the same case on order from a higher court modified one or more parts of the previous decision; or
overruled, if the same or higher courts on appeal or determination of subsequent cases found the principles underpinning the previous decision erroneous in law or overtaken by new legislation or developments.

In contrast, civil law systems adhere to a legal positivism, where past decisions do not usually have the precedential, binding effect that they have in common law decision-making; the judicial review practiced by constitutional courts can be regarded as a notable exception. (Full article...)

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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...)

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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 Contracts (Rights of Third Parties) Act 1999 (c. 31) is an Act of the Parliament of the United Kingdom that significantly reformed the common law doctrine of privity and "thereby [removed] one of the most universally disliked and criticised blots on the legal landscape". The second rule of the doctrine of privity, that a third party could not enforce a contract for which he had not provided consideration, had been widely criticised by lawyers, academics and members of the judiciary. Proposals for reform via an act of Parliament were first made in 1937 by the Law Revision Committee in their Sixth Interim Report. No further action was taken by the government until the 1990s, when the Law Commission proposed a new draft bill in 1991, and presented their final report in 1996. The bill was introduced to the House of Lords in December 1998, and moved to the House of Commons on 14 June 1999. It received royal assent on 11 November 1999, coming into force immediately as the Contracts (Rights of Third Parties) Act 1999. (Full article...)

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Did you know...

... that English professor Alice D. Snyder helped lead the campaign that earned New York women the right to vote?

... that per a 2019 Supreme Court ruling, U.S. states are immune from private suits against them in courts of other states without their consent?

... that between 1970 and 1984 the WE Seal of approval program aided in an estimated US$100,000 in restitution being made to collectors of comics and other memorabilia victimized by mail fraud?

... that at oral argument in NIFLA v. Becerra, U.S. Supreme Court Justice Elena Kagan questioned whether a California law was "gerrymandered" in order to discriminate against crisis pregnancy centers?

... that the Constitution of the Kingdom of Poland of 1815, considered among the most liberal constitutions of its time, was increasingly disregarded by the Polish government, leading to the November Uprising of 1830?

... that the red dresses in Métis artist Jaime Black's REDress Project represent the missing and murdered Indigenous women of Canada and the USA?

... that after the death of Olaseni Lewis, who was restrained by 11 police officers, UK law was changed to require police to wear body cameras when dealing with vulnerable people?

More did you know facts

Selected images

Image 1Legal systems of the world
Image 2Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law'
Image 3Signing of the Magna Carta
Image 4Jawaharlal Nehru at the Allahabad High Court
Image 5Statue of Lady Justice holding scales
Image 6Justices of the Supreme Court of the United States as of October 2020
Image 7Painting of a jury deliberating
Image 8The Constitution of India
Image 9The defendants sitting in the dock during the Nuremberg Trials
Image 10Jeremy Bentham's writings influenced law for generations.
Image 11King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash
Image 12Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis.
Image 13A courtroom in Tokyo, Japan
Image 14The first Supreme Court of Puerto Rico
Image 15The Langdell Library of Harvard Law School

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...)

Al-Kateb v Godwin, was a decision of the High Court of Australia, which ruled on 6 August 2004 that the indefinite detention of a stateless person was lawful. The case concerned Ahmed Al-Kateb, a Palestinian man born in Kuwait, who moved to Australia in 2000 and applied for a temporary protection visa. The Commonwealth Minister for Immigration's decision to refuse the application was upheld by the Refugee Review Tribunal and the Federal Court. In 2002, Al-Kateb declared that he wished to return to Kuwait or Gaza. However, since no country would accept Al-Kateb, he was declared stateless and detained under the policy of mandatory detention.

The two main issues considered by the High Court were whether the Migration Act 1958 (the legislation governing immigration to Australia) permitted a person in Al-Kateb's situation to be detained indefinitely, and if so, whether this was permissible under the Constitution of Australia. A majority of the court decided that the Act did allow indefinite detention, and that the Act was not unconstitutional.

The controversy surrounding the outcome of the case resulted in a review of the circumstances of twenty-four stateless people in immigration detention. Al-Kateb and 8 other stateless people were granted bridging visas in 2005 and while this meant they were released from detention, they were unable to work, study or obtain various government benefits. Al-Kateb was granted a permanent visa in October 2007. (Full article...)

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See also: Lists of case law

More Did you know (auto-generated)

... that New Zealand activist Pania Newton gave up a legal career to become an activist and spokesperson for the preservation of her ancestral lands at Ihumātao?
... that fridges filled with "frozen duck" sent to Britain actually contained illegal coins?
... that Latin legal maxims like casum sentit dominus have been described as "guardians of eternity [...] more lasting than codifications"?
... that many of the traditional Lakota ceremonies performed at the Sitting Bull Crystal Cavern Dance Pavilion were still illegal under federal law during the show's first years?
... that the legal battle over awarding channel 9 in Orlando, Florida, the longest case in FCC history at the time, filled 55 volumes?
... that the court case Nintendo of America, Inc. v. Blockbuster Entertainment Corp. helped allow the game rental market to thrive for the years that followed the case?

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General images

The following are images from various law-related articles on Wikipedia.

Image 1Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law)
Image 2The 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 3Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary)
Image 4Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence)
Image 5Mill believed law should create happiness. (from Jurisprudence)
Image 6Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence)
Image 7Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence)
Image 8Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence)
Image 9Aristotle, by Francesco Hayez (from Jurisprudence)
Image 10The Supreme Court Building houses the Supreme Court of the United States, the highest court in the federal judiciary of the United States. (from Judiciary)
Image 11Corpus Iuris Civilis, 1607 (from Judiciary)
Image 12Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence)
Image 13Gratian (from Judiciary)
Image 14King John of England signs the Magna Carta (from Legal history)

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