Portal:Law



Introduction

Lady Justice, a goddess symbolising justice who bears a sword – symbolising the coercive power of a tribunal –, scales – representing an objective standard by which competing claims are weighed – and a blindfold indicating that justice should be impartial and meted out objectively, without fear or favor and regardless of money, wealth, power or identity.

Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation 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 serves as a mediator of relations between people.

A general distinction can be made between (a) civil law jurisdictions, in which a legislature or other central body codifies and consolidates their laws, and (b) common law systems, where judge-made precedent is accepted as binding law. Historically, religious laws played a significant role even in settling of secular matters, and is still used in some religious communities. Islamic Sharia law is the world's most widely used religious law, and is used as the primary legal system in some countries, such as Iran and Saudi Arabia.

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A Medieval drawing of ploughing with oxen

Carucage (/ˈkærəkɪ/; Medieval Latin: carrūcāgium, from carrūca, "wheeled plough") was a medieval English land tax introduced by King Richard I in 1194, based on the size—variously calculated—of the estate owned by the taxpayer. It was a replacement for the danegeld, last imposed in 1162, which had become difficult to collect because of an increasing number of exemptions. Carucage was levied just six times: by Richard in 1194 and 1198; John, his brother and successor, in 1200; and John's son, Henry III, in 1217, 1220, and 1224, after which it was replaced by taxes on income and personal property.

The taxable value of an estate was initially assessed from the Domesday Survey, but other methods were later employed, such as valuations based on the sworn testimony of neighbours or on the number of plough-teams the taxpayer used. Carucage never raised as much as other taxes, but nevertheless helped to fund several projects. It paid the ransom for Richard's release in 1194, after he was taken prisoner by Leopold V, Duke of Austria; it covered the tax John had to pay Philip II of France in 1200 on land he inherited in that country; and it helped to finance Henry III's military campaigns in England and on continental Europe. (more...)

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A black and white photograph of Learned Hand

Learned Hand (1872–1961) was an influential United States judge and judicial philosopher. He served on the United States District Court for the Southern District of New York and later on the United States Court of Appeals for the Second Circuit. Hand has reportedly been quoted more often than any other lower-court judge by legal scholars and by the Supreme Court of the United States. Born and raised in Albany, New York, Hand majored in philosophy at Harvard College and graduated with honors from Harvard Law School. After a short career as a lawyer in Albany and New York City, he was appointed as a Federal District Judge in Manhattan in 1909 at the age of 37. The profession suited his detached and open-minded temperament, and his decisions soon won him a reputation for craftsmanship and authority. He ran unsuccessfully as the Progressive Party's candidate for Chief Judge of the New York Court of Appeals in 1913, but withdrew from active politics shortly afterwards. In 1924, President Calvin Coolidge promoted Hand to the Court of Appeals for the Second Circuit, which he went on to lead as the Senior Circuit Judge (later retitled Chief Judge) from 1939 until his semi-retirement in 1951. Friends and admirers often lobbied for Hand's promotion to the Supreme Court, but circumstances and his political past conspired against his appointment. Hand possessed a gift for language, and his writings are admired as legal literature. (more...)

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Image by unknown photographer; uploaded by Cliniic
Jawaharlal Nehru at the Allahabad High Court

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A photograph on the left shows a thin man with a small moustache; a photograph on the right shows a large man with a beard but no moustache; the central image is the blended product of these images

The Tichborne case was a legal cause célèbre that captivated Victorian England in the 1860s and 1870s. It concerned the claims by an individual sometimes referred to as Thomas Castro or as Arthur Orton, but usually termed "the Claimant", to be the missing heir to the Tichborne baronetcy. He failed to convince the courts, was convicted of perjury and served a long prison sentence.

Roger Tichborne, heir to the family's title and fortunes, had disappeared after a shipwreck in 1854. His mother clung to a belief that he might have survived, and after hearing rumours that he had made his way to Australia, she advertised extensively in Australian newspapers offering a reward for information. In 1866 a butcher known as Thomas Castro from Wagga Wagga came forward claiming to be Roger Tichborne; although his manners and bearing were unrefined, he gathered support and travelled to England. He was instantly accepted by Lady Tichborne as her son, although other family members were dismissive and sought to expose him as an imposter. (more...)

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A large gleaming white truck faces diagonally right towards the camera.

The hours of service (HOS) are regulations issued by the Federal Motor Carrier Safety Administration (FMCSA) governing the working hours of anyone operating a commercial motor vehicle (CMV) in the United States for the purpose of "interstate commerce"— moving commercial goods from one U.S. state to another. This includes truck drivers and bus drivers who operate CMVs for motor carriers (their employers). These rules limit the number of daily and weekly hours spent driving and working, and regulate the minimum amount of time drivers must spend resting between driving shifts. For intrastate commerce, the respective state's regulations apply.

The HOS's main purpose is to prevent accidents caused by driver fatigue. This is accomplished by limiting the number of driving hours per day, and the number of driving and working hours per week. Fatigue is also prevented by keeping drivers on a 21- to 24-hour schedule, maintaining a natural sleep/wake cycle (or circadian rhythm). Drivers are required to take a daily minimum period of rest, and are allowed longer "weekend" rest periods to combat cumulative fatigue effects that accrue on a weekly basis. (more...)

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