Portal:Law/Selected articles
Law Portal selected content
This page lists some of the best articles (B-Class or better) by WikiProject Law. They are also listed in the category Category:Law Portal selected articles. The entries are randomly chosen for display on the Law Portal.
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The sight of elephants executing captives was recorded in contemporary journals and accounts of life in Asia by European travellers. The practice was eventually suppressed by the European colonial powers that colonised the region in the 18th and 19th centuries. While primarily confined to Asia, the practice was occasionally used by European and African powers, such as Ancient Rome and Ancient Carthage, particularly to deal with mutinous soldiers. (Full article...)
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The
To prevent ethical conflicts,
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The Constitution of the Republic of Belarus (Belarusian: Канстытуцыя Рэспублікі Беларусь; Russian: Конституция Республики Беларусь) is the ultimate law of Belarus. The Constitution is composed of a preamble and nine sections divided into 146 articles.
Adopted in 1994, three years after the country
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The Honourable Society of Gray's Inn, commonly known as , who is elected to serve a one-year term. The Inn is known for its gardens (the "Walks"), which have existed since at least 1597.
Gray's Inn does not claim a specific foundation date; none of the Inns of Court claims to be any older than the others.
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Approximately 4,500 same-sex couples married in Spain during the first year of the law. Shortly after the law was passed, questions arose about the legal status of marriage to non-Spaniards whose country did not permit same-sex marriage. A decision from the Justice Ministry stated that the country's same-sex marriage law allows a Spanish citizen to marry a non-Spaniard regardless of whether that person's homeland recognizes the union. At least one partner must be a Spanish citizen in order to marry, although two non-Spaniards may marry if they both have legal residence in Spain. (Full article...)
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The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties' are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections are considered vital elements of the constitution, which was developed between 1949 by the Constituent Assembly of India.
The
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The
The original Parliament of Scotland was the national legislature of the independent Kingdom of Scotland and existed from the early 13th century until the Kingdom of Scotland merged with the Kingdom of England under the Acts of Union 1707 to form the Kingdom of Great Britain. As a consequence, the Parliament of Scotland ceased to exist, while the Parliament of England, which sat at Westminster, was subsumed into the Parliament of Great Britain. In practice, all of the traditions, procedures, and standing orders of the English parliament were retained, with the addition of Scottish members in both the Commons and Lords.
Following a referendum in 1997, in which the Scottish electorate voted for devolution, the powers of the devolved legislature were specified by the Scotland Act 1998. The Act delineates the legislative competence of the Parliament – the areas in which it can make laws – by explicitly specifying powers that are "reserved" to the Parliament of the United Kingdom. The Scottish Parliament has the power to legislate in all areas that are not explicitly reserved to Westminster. The UK Parliament retains the ability to amend the terms of reference of the Scottish Parliament, and can extend or reduce the areas in which it can make laws. The first meeting of the new Parliament took place on 12 May 1999. (Full article...)
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Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy, royal assent is considered little more than a formality. Even in nations such as the United Kingdom, Norway, the Netherlands, Liechtenstein and Monaco which still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power to veto by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century.
Royal assent is typically associated with elaborate ceremony. In the United Kingdom the Sovereign may appear personally in the House of Lords or may appoint Lords Commissioners, who announce that royal assent has been granted at a ceremony held at the Palace of Westminster for this purpose. However, royal assent is usually granted less ceremonially by letters patent. In other nations, such as Australia, the governor-general (as the Monarch's representative) has the right to dissolve the parliament and to sign a bill. In Canada, the governor general may give assent either in person at a ceremony in the Senate or by a written declaration notifying Parliament of their agreement to the bill. (Full article...)
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Targeted Killing in International Law is a book about the legality of targeted killing, written by Nils Melzer. It was first published by Oxford University Press in May 2008. The book explores the history of targeted killing, as a government strategy by multiple countries including the United States, the United Kingdom, Israel, Switzerland and Germany; for both military and law enforcement purposes. Melzer argues that directly after the September 11 attacks in the United States, perceptions of the tactic became more positive.
Melzer holds a PhD degree in law from the
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The
American entry into World War II led to a new sense of internationalism opposed by many conservatives. Frank E. Holman, president of the American Bar Association (ABA), called attention to federal court decisions, notably Missouri v. Holland, which he claimed could give international treaties and agreements precedence over the United States Constitution and could be used by foreigners to threaten American liberties. Bricker was influenced by the ABA's work and first introduced a proposed constitutional amendment in 1951. With substantial popular support and the election of a Republican president and Congress in the elections of 1952, together with support from many Southern Democrats, Bricker's plan seemed destined to pass Congress by the necessary two-thirds vote and be sent to the individual states for ratification by three-fourths of the state legislatures.
The best-known version of the Bricker Amendment, considered by the Senate in 1953–54, declared that no treaty could be made by the United States that conflicted with the Constitution; treaties could not be self-executing without the passage of separate enabling legislation through Congress; and treaties could not give Congress legislative powers beyond those specified in the Constitution. It also limited the president's power to enter into executive agreements with foreign powers. (Full article...)
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The taxable value of an estate was initially assessed from the
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The
Its initial role differed somewhat: as an extension of the
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The
There are several other manifestations of the CSI effect. Greater public awareness of forensic science has also increased the demand for forensic evidence in police investigations, inflating workloads for crime laboratories. The number and popularity of forensic science programs at the university level have greatly increased worldwide, though some new programs have been criticized for inadequately preparing their students for real forensic work. It is possible that forensic science shows teach criminals how to conceal evidence of their crimes, thereby making it more difficult for investigators to solve cases.
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The
At the beginning of the
Under the terms of the Treaty, Bohemond agreed to become a vassal of the Emperor and to defend the Empire whenever needed. He also accepted the appointment of a
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To be
The same punishment applied to traitors against the king in
The severity of the sentence was
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The
In 1986, hundreds of state and federal officers raided LaRouche offices in Virginia and Massachusetts. A federal grand jury in Boston indicted LaRouche and 12 associates on credit card fraud and
Defense lawyers filed numerous unsuccessful appeals that challenged the conduct of the grand jury, the contempt fines, the execution of the search warrants and various trial procedures. At least ten appeals were heard by the
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The Marshalsea (1373–1842) was a notorious prison in Southwark, just south of the River Thames. Although it housed a variety of prisoners—including men accused of crimes at sea and political figures charged with sedition—it became known, in particular, for its incarceration of the poorest of London's debtors. Over half of England's prisoners in the 18th century were in jail because of debt.
Run privately for profit, as were all English prisons until the 19th century, the Marshalsea looked like an Oxbridge college and functioned as an extortion racket. Debtors in the 18th century who could afford the prison fees had access to a bar, shop and restaurant, and retained the crucial privilege of being allowed out during the day, which gave them a chance to earn money for their creditors. Everyone else was crammed into one of nine small rooms with dozens of others, possibly for years for the most modest of debts, which increased as unpaid prison fees accumulated. The poorest faced starvation and, if they crossed the jailers, torture with skullcaps and thumbscrews. A parliamentary committee reported in 1729 that 300 inmates had starved to death within a three-month period, and that eight to ten were dying every 24 hours in the warmer weather.
The prison became known around the world in the 19th century through the writing of the English novelist Charles Dickens, whose father was sent there in 1824, when Dickens was 12, for a debt to a baker. Forced as a result to leave school to work in a factory, Dickens based several of his characters on his experience, most notably Amy Dorrit, whose father is in the Marshalsea for debts so complex no one can fathom how to get him out. (Full article...)
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The
The arguments made in the Resolutions and the Report were later used frequently during the nullification crisis of 1832, when South Carolina declared federal tariffs to be unconstitutional and void within the state. Madison rejected the concept of nullification and the notion that his arguments supported such a practice. Whether Madison's theory of Republicanism really supported the nullification movement, and more broadly whether the ideas he expressed between 1798 and 1800 are consistent with his work before and after this period, are the main questions surrounding the Report in the modern literature. (Full article...)
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To Kill a Mockingbird is a novel by the American author Harper Lee. It was published in June 1960 and became instantly successful. In the United States, it is widely read in high schools and middle schools. To Kill a Mockingbird has become a classic of modern American literature; a year after its release, it won the Pulitzer Prize. The plot and characters are loosely based on Lee's observations of her family, her neighbors and an event that occurred near her hometown of Monroeville, Alabama, in 1936, when she was ten.
Despite dealing with the serious issues of
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The chief justice of the common pleas was the head of the Court of Common Pleas, also known as the Common Bench, which was the second-highest common law court in the English legal system until 1875, when it, along with the other two common law courts and the equity and probate courts, became part of the High Court of Justice. As such, the chief justice of the Common Pleas was one of the highest judicial officials in England, behind only the lord high chancellor and the lord chief justice of England, who headed the King's Bench (Queen's when the monarch was female). (Full article...)
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Convicted computer criminals are people who are caught and
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The
The system of 60 circuits was abolished in 1970. Over time, whilst new courts have been opened in various locations, there has been an overall reduction in the number of locations where a county court is held. In June 2010, the Ministry of Justice announced plans to close 54 county courts and 103 magistrates' courts, in order to save £15m in annual running costs and £22m in necessary maintenance. After consultation, it was decided to keep five of these county courts open: Barnsley, Bury, Llangefni, the Mayor's and City of London Court, and Skipton. From 22 April 2014, the Crime and Courts Act 2013 replaced the previous system of county courts for different localities with one County Court that operates throughout England and Wales, sitting in multiple locations simultaneously. In July 2015, further proposals to close nineteen County Court venues were announced. (Full article...)
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The modern system of
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The High Courts are the principal civil courts of original jurisdiction in the state along with District Courts which are subordinate to the High courts. However, High courts exercise their original civil and criminal jurisdiction only if the courts subordinate to the High court in the state are not competent (not authorized by law) to try such matters for lack of pecuniary, territorial jurisdiction. High courts may also enjoy original jurisdiction in certain matters if so designated specifically in a state or Federal law. e.g.: Company law cases are instituted only in a High court.
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A total of 116 people have served on the
The table below ranks all United States Supreme Court justices by time in office. For five individuals confirmed for associate justice, and who later served as chief justice—Charles Evans Hughes, William Rehnquist, John Rutledge, Harlan F. Stone, and Edward Douglass White—their cumulative length of service on the court is measured. The basis of the ranking is the difference between dates; if counted by number of calendar days all the figures would be one greater, with the exception of Charles Evans Hughes and John Rutledge, who would receive two days, as each served on the court twice (their service as associate justice and as chief justice was separated by a period of years off the court). The start date given for each justice is the day they took the prescribed oath of office, with the end date being the date of the justice's death, resignation, or retirement. A highlighted row indicates a justice currently serving on the court. (Full article...)
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The Keeper or Master of the Rolls and Records of the Chancery of England, known as the
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...)
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The Sakharov Prize for Freedom of Thought, commonly known as the Sakharov Prize, is an honorary award for individuals or groups who have dedicated their lives to the defence of human rights and freedom of thought. Named after Russian scientist and dissident Andrei Sakharov, the prize was established in December 1988 by the European Parliament.
A shortlist of nominees is drawn up annually by the European Parliament's Committee on Foreign Affairs and Committee on Development. The MEPs who make up those committees then select a shortlist in September. Thereafter, the final choice is given to The European Parliament's Conference of Presidents (President and political group's leaders) and the laureate's name is announced late in October. The prize is awarded in a ceremony at the Parliament's Strasbourg hemicycle (round chamber) in December. The prize includes a monetary award of €50,000. (Full article...)
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The
The Ministry of Justice was responsible for courts, prisons, and probations. Further responsibilities included criminal justice policy, sentencing policy, and prevention of re-offending in the USSR. The Ministry was organised into All-Union and Union departments. The All-Union level ministries were divided into separate organisations in the Republican, Autonomous Oblast, and provincial level. The leadership of the Ministry of Justice came from notable Soviet law organisations from around the country. (Full article...)
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LatinoJustice PRLDEF, long known by its former name the Puerto Rican Legal Defense and Education Fund, is a New York–based national civil rights organization with the goal of changing discriminatory practices via advocacy and litigation. Privately funded, nonprofit and nonpartisan, it is part of the umbrella Leadership Conference on Civil and Human Rights.
The Puerto Rican Legal Defense and Education Fund was founded in 1972 by three lawyers, one of whom,
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The Salt march, also known as the Salt Satyagraha, Dandi March, and the Dandi Satyagraha, was an act of nonviolent civil disobedience in colonial India, led by Mahatma Gandhi. The 24-day march lasted from 12 March 1930 to 5 April 1930 as a direct action campaign of tax resistance and nonviolent protest against the British salt monopoly. Another reason for this march was that the Civil Disobedience Movement needed a strong inauguration that would inspire more people to follow Gandhi's example. Gandhi started this march with 78 of his trusted volunteers. The march spanned 387 kilometres (240 mi), from Sabarmati Ashram to Dandi, which was called Navsari at that time (now in the state of Gujarat). Growing numbers of Indians joined them along the way. When Gandhi broke the British Raj salt laws at 8:30 am on 6 April 1930, it sparked large-scale acts of civil disobedience against the salt laws by millions of Indians.
After making the salt by evaporation at Dandi, Gandhi continued southward along the coast, making salt and addressing meetings on the way. The Congress Party planned to stage a
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The FBI Ten Most Wanted Fugitives is a most wanted list maintained by the United States's Federal Bureau of Investigation (FBI). The list arose from a conversation held in late 1949 between J. Edgar Hoover, Director of the FBI, and William Kinsey Hutchinson, International News Service (the predecessor of the United Press International) editor-in-chief, who were discussing ways to promote capture of the FBI's "toughest guys". This discussion turned into a published article, which received so much positive publicity that on March 14, 1950, the FBI officially announced the list to increase law enforcement's ability to capture dangerous fugitives. The first person added to the list was Thomas J. Holden, a robber and member of the Holden–Keating Gang on the day of the list's inception.
Individuals are generally only removed from the list if they are captured, die, or if the charges against them are dropped; they are then replaced by a new entry selected by the FBI. In eleven cases, the FBI removed individuals from the list after deciding that they were no longer a "particularly dangerous menace to society". Machetero member Víctor Manuel Gerena, added to the list in 1984, was on the list for 32 years, which was longer than anyone else. Billie Austin Bryant spent the shortest amount of time on the list, being listed for two hours in 1969. The oldest person to be added to the list was Eugene Palmer on May 29, 2019, at 80 years old. On rare occasions, the FBI will add a "Number Eleven" if that individual is extremely dangerous but the Bureau does not feel any of the current ten should be removed. Despite occasional references in the media, the FBI does not rank their list; no suspect is considered "#1 on the FBI's Most Wanted List" or "The Most Wanted". (Full article...)
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The doctrine of
The procedural dimension of the doctrine of legitimate expectation has been recognized by Singapore courts and, since 2013, the substantive form of the doctrine as well. However, whether the courts will adopt the UK approach with regard to measuring legitimate expectation with the ruler of proportionality remains an open question. (Full article...)
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The death of El-Sherbini immediately resulted in international reactions, with the most vocal responses coming from predominantly Muslim nations. The Egyptian public and media focused attention on the
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The
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...)
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The
After failed attempts to conduct a criminal investigation of the key perpetrators in Kenya, the matter was referred to the International Criminal Court in
On 23 January 2012 Pre-Trial Chamber II confirmed the charges against Kenyatta, Muthaura, Sang and Ruto and dismissed the charges against Kosgey and Ali. The charges against Francis Muthaura and Uhuru Kenyatta were subsequently withdrawn by the prosecution. The trial of William Ruto and Joshua Arap sang began on 10 September 2013, and ended on 5 April 2016 with the charges being dismissed. During the investigation the ICC prosecutor also charged Walter Barasa, Paul Gicheru and Philip Bett with crimes against the administration of justice. (Full article...)
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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...)
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The
The Constitution sought to implement a more effective
The 1791 Constitution was in force for less than 19 months. It was declared null and void by the Grodno Sejm that met in 1793, though the Sejm's legal power to do so was questionable. The Second and Third Partitions of Poland (1793, 1795) ultimately ended Poland's sovereign existence until the close of World War I in 1918. Over those 123 years, the 1791 Constitution helped keep alive Polish aspirations for the eventual restoration of the country's sovereignty. In the words of two of its principal authors, Ignacy Potocki and Hugo Kołłątaj, the 1791 Constitution was "the last will and testament of the expiring Homeland." (Full article...)
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A
Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by
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The statute drew legal influence from previous measures, including those undertaken by the
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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").
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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Jury nullification is a
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A
One kind of agent, an attorney-in-fact, is a fiduciary for the principal. The law requires an attorney-in-fact to be completely honest with and loyal to the principal in their dealings with each other. If the attorney-in-fact is being paid to act for the principal, the contract is a separate matter from the power of attorney itself, so if that contract is in writing, it is a separate document, kept private between them, whereas the power of attorney is intended to be shown to various other people.
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The Bill of Middlesex was a legal fiction used by the Court of King's Bench to gain jurisdiction over cases traditionally in the remit of the Court of Common Pleas. Hinging on the King's Bench's remaining criminal jurisdiction over the county of Middlesex, the Bill allowed it to take cases traditionally in the remit of other common law courts by claiming that the defendant had committed trespass in Middlesex. Once the defendant was in custody, the trespass complaint would be quietly dropped and other complaints (such as debt or detinue) would be substituted.
The bill was part of a large reform movement to prevent
As a result of reforming actions such as the Bill of Middlesex, the Common Pleas became increasingly conservative and resistant to King's Bench changes because of the impact they had on the business of the Common Pleas. This was best emphasised by Slade's Case, a struggle between the old and new forms of suing for breach of contract; although an equilibrium between the common law courts was finally reached, it eventually led to their dissolution with the Supreme Court of Judicature Act 1873, and merger into a single High Court of Justice. (Full article...)
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The Tahirih Justice Center, or Tahirih, is a national charitable non-governmental organization headquartered in Falls Church, Virginia, United States, that aims to protect immigrant women and girls fleeing gender-based violence and persecution. Tahirih's holistic model combines free legal services and social services case management with public policy advocacy, training and education.
Since its founding in 1997, Tahirih has answered more than 30,000 pleas for help from individuals seeking protection from human rights abuses, such as
.Tahirih is inspired by principles of the
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The
The court's jurisdiction was gradually undercut by the King's Bench and Exchequer of Pleas with
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A
With the creation of
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The
Trusts to which the doctrine is applicable are divided into two groups: those with subsequent failure, where the trust's purpose has failed after coming into operation, and initial failure, where the trust's purposes are immediately invalid. Subsequent failure cases simply require redirecting the funds to the nearest possible purpose, as there's no question of allowing the settlor's next of kin to inherit the money. However, initial failure cases require a decision not only on whether the purpose has failed, but also on whether the funds should be subject to cy-près or returned to the estate in a resulting trust. This decision is based on the charitable intention of the settlor, which is determined based on the facts of each individual case. (Full article...)
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Nuisance in English law is an area of tort law broadly divided into two torts; private nuisance, where the actions of the defendant are "causing a substantial and unreasonable interference with a [claimant]'s land or his/her use or enjoyment of that land", and public nuisance, where the defendant's actions "materially affects the reasonable comfort and convenience of life of a class of His Majesty's subjects"; public nuisance is also a crime. Both torts have been present from the time of Henry III, being affected by a variety of philosophical shifts through the years which saw them become first looser and then far more stringent and less protecting of an individual's rights. Each tort requires the claimant to prove that the defendant's actions caused interference, which was unreasonable, and in some situations the intention of the defendant may also be taken into account. A significant difference is that private nuisance does not allow a claimant to claim for any personal injury suffered, while public nuisance does.
Private nuisance has received a range of criticism, with academics arguing that its concepts are poorly defined and open to judicial manipulation; Conor Gearty has written that "Private nuisance has, if anything, become even more confused and confusing. Its chapter lies neglected in the standard works, little changed over the years, its modest message overwhelmed by the excitements to be found elsewhere in tort. Any sense of direction which may have existed in the old days is long gone". In addition, it has been claimed that the tort of private nuisance has "lost its separate identity as a strict liability tort and been assimilated in all but name into the fault-based tort of negligence", and that private and public nuisance "have little in common except the accident of sharing the same name". (Full article...)
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The
The practice of training barristers at the Inns of Chancery had died out by 1642, and the Inns instead became dedicated associations and offices for solicitors. With the founding of the
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Insanity in English law is a defence to criminal charges based on the idea that the defendant was unable to understand what he was doing, or, that he was unable to understand that what he was doing was wrong.
The defence comes in two forms; where the defendant claims he was insane at the time of the crime, and where the defendant asserts he is insane at the time of trial. In the first situation, the defendant must show that he was either suffering from a disease which damaged the functioning of the mind and led to a defect of reason that prevented him from understanding what he was doing, or that he could not tell that what he was doing was wrong. In the second situation, the test is whether or not the defendant can differentiate between "guilty" and "not guilty" verdicts, instruct counsel and recognise the charges he is facing. If successful, he is likely to be detained under the Criminal Procedure (Insanity) Act 1964, although judges have a wide discretion as to what to do.
Use of insanity as a concept dates from 1324, and its criminal application was used until the late 16th century in an almost identical way. The defence, if successful, either allowed the defendant to return home or led to him being incarcerated until he was granted a royal pardon; after 1542, a defendant who became insane prior to the trial could not be tried for any crime, up to and including high treason. During the 18th century the test to determine insanity became extremely narrow, with defendants required to prove that they could not distinguish between good and evil and that they suffered from a mental disease which made them incapable of understanding the consequences of their actions. The current wording comes from the
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The
There are four categories of uncertainty that can affect the validity of a trust: conceptual uncertainty, evidential uncertainty, ascertainability and administrative unworkability. "Conceptual uncertainty" is where the language is unclear, something which leads to the trust being declared invalid. "Evidential uncertainty" is where a question of fact, such as whether a claimant is a beneficiary, cannot be answered; this does not always lead to invalidity. "Ascertainability" is where a beneficiary cannot be found, while "administrative unworkability" is where the nature of the trust is such that it cannot realistically be carried out. Trustees and the courts have developed various ways of getting around uncertainties, including the appointment of experts to work out evidential uncertainty, and giving trustees the power to decide who is or is not a beneficiary. (Full article...)
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The Exchequer of Pleas, or Court of Exchequer, was a court that dealt with matters of equity, a set of legal principles based on natural law and common law in England and Wales. Originally part of the curia regis, or King's Council, the Exchequer of Pleas split from the curia in the 1190s to sit as an independent central court. The Court of Chancery's reputation for tardiness and expense resulted in much of its business transferring to the Exchequer. The Exchequer and Chancery, with similar jurisdictions, drew closer together over the years until an argument was made during the 19th century that having two seemingly identical courts was unnecessary. As a result, the Exchequer lost its equity jurisdiction. With the Judicature Acts, the Exchequer was formally dissolved as a judicial body by an Order in Council on 16 December 1880.
The Exchequer's jurisdiction at various times was common law, equity or both. Initially a court of both common law and equity, it lost much of its common law jurisdiction after the formation of the Court of Common Pleas. From then on, it concerned itself with equitable matters and those common law matters that it had discretion to try, such as actions brought against Exchequer officials and actions brought by the monarch against non-paying debtors. (Full article...)
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Criminal damage in English law was originally a common law offence. The offence was largely concerned with the protection of dwellings and the food supply, and few sanctions were imposed for damaging personal property. Liability was originally restricted to the payment of damages by way of compensation.
As time passed, specific laws were introduced to deal with particular situations as they were judged to require intervention, most particularly alongside the rise of mechanisation and urbanisation during the Industrial Revolution.
The modern law of criminal damage is mostly contained in the Criminal Damage Act 1971, which redefines or creates several offences protecting property rights. The Act provides a comprehensive structure covering merely preparatory acts to the most serious offences of
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The
The court's jurisdiction was gradually undercut by the King's Bench and Exchequer of Pleas with
As one of the two principal common law courts with the King's Bench, the Common Pleas fought to maintain its jurisdiction and caseload, in a way that during the 16th and 17th centuries was categorised as
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In early December 1936, a
The marriage was opposed by the governments of the
The widespread unwillingness to accept Simpson as the King's consort and Edward's refusal to give her up led to his abdication in December 1936. He was succeeded by his brother Albert, who became George VI. Edward was given the title of Duke of Windsor, and styled Royal Highness, following his abdication, and he married Simpson the following year. They remained married until his death 35 years later. (Full article...)
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In
Secret trusts do not comply with the formality requirements (such as witnessing) laid down in the
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Tracing is divided into two forms, common law tracing and equitable tracing. Common law tracing relies on the claimant having legal ownership of the property, and will fail if the property has been mixed with other property, the legal title has been transferred to the defendant, or the legal title has been transferred by the defendant to any further recipient of the property. Equitable tracing, on the other hand, relies on the claimant having an equitable interest in the property, and can succeed where the property has been mixed with other property.
Defences to tracing are possible, particularly if returning the property would harm an innocent defendant, where the claimant has made false representations that the defendant relied on to his detriment, or where the property has been transferred to an innocent third party without anything given to the defendant in return that the claimant could recover in lieu. (Full article...)
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The
Almost 100 people were beheaded in Halifax between the first recorded execution in 1286 and the last in 1650, but as the date of the gibbet's installation is uncertain, it cannot be determined with any accuracy how many individuals died via the Halifax Gibbet. By 1650, public opinion considered beheading to be an excessively severe punishment for petty theft; use of the gibbet was forbidden by Oliver Cromwell, Lord Protector of the Commonwealth of England, and the structure was dismantled. The stone base was rediscovered and preserved in about 1840, and a non-working replica was erected on the site in 1974. The names of 52 people known to have been beheaded by the device are listed on a nearby plaque. (Full article...)
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The Privy Council formally advises the sovereign on the exercise of the
Certain judicial functions are also performed by the King-in-Council, although in practice its actual work of hearing and deciding upon cases is carried out day-to-day by the
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Wife selling in England was a way of ending an unsatisfactory marriage that probably began in the late 17th century, when divorce was a practical impossibility for all but the very wealthiest. After parading his wife with a halter around her neck, arm, or waist, a husband would publicly auction her to the highest bidder. Wife selling provides the backdrop for Thomas Hardy's 1886 novel The Mayor of Casterbridge, in which the central character sells his wife at the beginning of the story, an act that haunts him for the rest of his life, and ultimately destroys him.
Although the custom had no basis in law and frequently resulted in prosecution, particularly from the mid-19th century onwards, the attitude of the authorities was equivocal. At least one early 19th-century magistrate is on record as stating that he did not believe he had the right to prevent wife sales, and there were cases of local
Wife selling persisted in England in some form until the early 20th century; according to the jurist and historian James Bryce, writing in 1901, wife sales were still occasionally taking place during his time. In one of the last reported instances of a wife sale in England, a woman giving evidence in a Leeds police court in 1913 claimed that she had been sold to one of her husband's workmates for £1. (Full article...)
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A
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The Leges Henrici Primi or Laws of Henry I is a legal treatise, written in about 1115, that records the legal customs of medieval England in the reign of King Henry I of England. Although it is not an official document, it was written by someone apparently associated with the royal administration. It lists and explains the laws, and includes explanations of how to conduct legal proceedings. Although its title implies that these laws were issued by King Henry, it lists laws issued by earlier monarchs that were still in force in Henry's reign; the only law of Henry that is included is the coronation charter he issued at the start of his reign. It covers a diverse range of subjects, including ecclesiastical cases, treason, murder, theft, feuds, assessment of danegeld, and the amounts of judicial fines.
The work survives in six manuscripts that range in date from about 1200 to around 1330, belonging to two different manuscript traditions. Besides the six surviving manuscripts, three others were known to scholars in the 17th and 18th centuries, but have not survived to the present day. Two other separate copies may also have existed. The complete work itself was first printed in 1644, but an earlier partial edition appeared in 1628. The Leges is the first legal treatise in English history, and has been credited with having greater effect on the views of English law before the reign of King Henry II than any other work of its kind. (Full article...)
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The creation of express trusts in English law must involve four elements for the trust to be valid: capacity, certainty, constitution and formality. Capacity refers to the settlor's ability to create a trust in the first place; generally speaking, anyone capable of holding property can create a trust. There are exceptions for statutory bodies and corporations, and minors who usually cannot hold property can, in some circumstances, create trusts. Certainty refers to the three certainties required for a trust to be valid. The trust instrument must show certainty of intention to create a trust, certainty of what the subject matter of the trust is, and certainty of who the beneficiaries (or objects) are. Where there is uncertainty for whatever reason, the trust will fail, although the courts have developed ways around this. Constitution means that for the trust to be valid, the property must have been transferred from the settlor to the trustees.
If property has not been transferred, the potential trustees and beneficiaries are volunteers, and an
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The
The riot was followed by a series of disturbances in prisons across England, Scotland and Wales, resulting in the