Law is commonly understood as a system of rules that are created and enforced through social or governmental institutions to regulate conduct, although its precise definition is a matter of longstanding debate. It has been variously described as a science and the art of justice. 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.
Legal systems vary between countries, 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 make binding case law through precedent, although on occasion case law may be overturned by a higher court or the legislature. Historically, religious law influenced secular matters, and is still used 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.
Law's scope can be divided into two domains. Public law concerns government and society, including constitutional law, administrative law, and criminal law. Private law deals with legal disputes between individuals and/or organisations 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.
Law provides a source of scholarly inquiry into legal history, philosophy, economic analysis and sociology. Law also raises important and complex issues concerning equality, fairness, and justice.
A power of attorney or letter of attorney in common law systems or mandate in civil law systems is an authorization to act on someone else's behalf in a legal or business matter. The person authorizing the other to act is the "principal" or "grantor (of the power)", and the one authorized to act is the "agent" or "attorney-in-fact". The attorney-in-fact acts "in the principal's name" -- for example, by signing the principal's name to documents.
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.
Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American lawyer, jurist, government official, and academic who served as an Associate Justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018.
Scalia was born in Trenton, New Jersey. A devout Catholic, he received his undergraduate degree from Georgetown University. He then obtained his law degree from Harvard Law School and spent six years in a Cleveland law firm before becoming a law professor at the University of Virginia. In the early 1970s, he served in the Nixon and Ford administrations, eventually becoming an Assistant Attorney General. He spent most of the Carter years teaching at the University of Chicago, where he became one of the first faculty advisers of the fledgling Federalist Society. In 1982, President Ronald Reagan appointed Scalia as a judge of the U.S. Court of Appeals for the District of Columbia Circuit.
In 1986, he was appointed to the Supreme Court by Reagan and was unanimously confirmed by the Senate, becoming the Court's first Italian-American justice.
Scalia espoused a conservative jurisprudence and ideology, advocating textualism in statutory interpretation and originalism in constitutional interpretation. He peppered his colleagues with "Ninograms" (memos named for his nickname, "Nino") which sought to persuade them to agree with his point of view. He was a strong defender of the powers of the executive branch. He believed that the Constitution permitted the death penalty and did not guarantee the right to abortion or same-sex marriage. Furthermore, Scalia viewed affirmative action and other policies that afforded special protected status to minority groups as unconstitutional. These positions earned him a reputation as one of the most conservative justices on the Court. He filed separate opinions in many cases, often castigating the Court's majority using scathing language. Scalia's most significant opinions include his lone dissent in Morrison v. Olson (arguing against the constitutionality of an Independent-Counsel law), his majority opinion in Crawford v. Washington (defining a criminal defendant's confrontation right under the 6th Amendment), and his majority opinion in District of Columbia v. Heller (holding that the 2nd Amendment to the U.S. Constitution guarantees a right to individual handgun ownership). (more...)
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies.
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Following is an example of a noted statute or comparable written law:
The Ordinances of 1311 were a series of regulations imposed upon King Edward II by the peerage and clergy of the Kingdom of England to restrict the power of the king. The twenty-one signatories of the Ordinances are referred to as the Lords Ordainers, or simply the Ordainers. English setbacks in the Scottish war, combined with perceived extortionate royal fiscal policies, set the background for the writing of the Ordinances in which the administrative prerogatives of the king were largely appropriated by a baronial council. The Ordinances reflect the Provisions of Oxford and the Provisions of Westminster from the late 1250s, but unlike the Provisions, the Ordinances featured a new concern with fiscal reform, specifically redirecting revenues from the king's household to the exchequer.
Just as instrumental to their conception were other issues, particularly discontent with the king's favourite, Piers Gaveston, whom the barons subsequently banished from the realm. Edward II accepted the Ordinances only under coercion, and a long struggle for their repeal ensued that did not end until Thomas of Lancaster – the leader of the Ordainers – was executed in 1322. (more...)
Did you know...
- ... that in the Bancoult litigation, the English courts and government first decided that the Chagossians could return home (pictured), then that they couldn't, then that they could, and then that they couldn't?
- Click to enlarge and view description
Case law is the collection of past legal decisions written by courts and similar tribunals in the course of deciding cases, in which the law was analyzed using these cases to resolve ambiguities for deciding current cases. 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. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law.
In common law countries (including the United Kingdom, United States, Canada, Australia and New Zealand), the term case law is a near-exact synonym for common law. It is used for judicial decisions of selected appellate courts, courts of first instance, agency tribunals, and other bodies discharging adjudicatory functions.
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For examples of noted cases, see Lists of case law. Following is one example of such a noted case:
Public Prosecutor v Taw Cheng Kong is a landmark case decided in 1998 by the Court of Appeal of Singapore which shaped the landscape of Singapore's constitutional law. The earlier High Court decision, Taw Cheng Kong v. Public Prosecutor, was the first instance in Singapore's history that a statutory provision was struck down as unconstitutional. The matter subsequently reached the Court of Appeal when the Public Prosecutor applied for a criminal reference for two questions to be considered. The questions were:
- whether section 37(1) of the Prevention of Corruption Act (Cap. 241, 1993 Rev. Ed.) ("PCA") was ultra vires the powers of the legislature on the ground that the legislature had, under section 6(3) of the Republic of Singapore Independence Act 1965 (No. 9 of 1965, 1985 Rev. Ed.), been divested of the power to legislate extraterritorially; and
- whether section 37(1) of the PCA was discriminatory against Singapore citizens and hence inconsistent with Article 12(1) of the Constitution of the Republic of Singapore (1992 Reprint) (now the Singapore Constitution (1999 Reprint)). (more...)