Portal:Law

Portal:Law

https://en.wikipedia.org/wiki/Portal:Law
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The law portal

Law is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and obligations related to the transfer and title of personal (often referred to as chattel) and real property. Trust law applies to assets held for investment and financial security, while tort law allows claims for compensation if a person's rights or property are harmed. If the harm is criminalised in a statute, criminal law offers means by which the state can prosecute the perpetrator. Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives. Administrative law is used to review the decisions of government agencies, while international law governs affairs between sovereign states in activities ranging from trade to environmental regulation or military action. Writing in 350 BC, the Greek philosopher Aristotle declared: "The rule of law is better than the rule of any individual."

Legal systems elaborate rights and responsibilities in a variety of ways. A general distinction can be made between civil law jurisdictions, which codify their laws, and common law systems, where judge made law is not consolidated. In some countries, religion informs the law. Law provides a rich source of scholarly inquiry, into legal history, philosophy, economic analysis or sociology. Law also raises important and complex issues concerning equality, fairness and justice. "In its majestic equality", said the author Anatole France in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread." In a typical democracy, the central institutions for interpreting and creating law are the three main branches of government, namely an impartial judiciary, a democratic legislature, and an accountable executive. To implement and enforce the law and provide services to the public, a government's bureaucracy, the military and police are vital. While all these organs of the state are creatures created and bound by law, an independent legal profession and a vibrant civil society inform and support their progress. (More…)

Selected article

A modern photograph of the front of a booklet

The Constitution of the Republic of Belarus is the ultimate law of Belarus; it states that all laws that conflict with it are null and void. Adopted in 1994, three years after the country declared its independence from the Soviet Union, this formal document establishes the framework of the Belarusian state and government and enumerates the rights and freedoms of its citizens. The Constitution was drafted by the Supreme Soviet of Belarus, the former legislative body of the country, and was improved by citizens and legal experts. The contents of the Constitution include the preamble, nine sections, and 146 articles. The structure and substance of the Constitution were heavily influenced by constitutions of Western powers and by Belarus' experiences during the Soviet era. While much of the Constitution establishes the government's functions and powers, an entire section details rights and freedoms granted to citizens and residents. The Constitution has been amended twice since the original adoption, in 1996 and in 2004. Two referendums that were disputed by independent observers and government opposition leaders increased the power of the presidency over the government and eliminated the term limits for the presidency. (more...)

Selected biography

Ioan Constantin Filitti (May 8, 1879 – September 21, 1945) was a Romanian historian, diplomat and conservative theorist, best remembered for his contribution to social history, legal history, genealogy and heraldry. A member of the Conservative Party and an assistant of its senior leader Titu Maiorescu, he had aristocratic (boyar) origins and an elitist perspective. Among his diverse contributions, several focus on 19th-century modernization under the Regulamentul Organic regime, during which Romania was ruled upon by the Russian Empire. As a historian, Filitti is noted for his perfectionism, and for constantly revising his own works.

I. C. Filitti had an auspicious debut in diplomacy and politics, but his career was mired in controversy. A "Germanophile" by the start of World War I, he secretly opposed the pact between Romania and the Entente Powers, and opted to stay behind in German-occupied territory. He fell into disgrace for serving the collaborationist Lupu Kostaki as Prefect and head of the National Theater, although he eventually managed to overturn his death sentence for treason. Filitti became a recluse, focusing on his scholarship and press polemics, but was allowed to serve on the Legislative Council after 1926. (more...)

Did you know...

  • ... that the non-payment of debts is the archetype for the seventeen other Hindu titles of law, including the sexual crimes against women?


Selected picture

A statute of a seated judge
Photograph taken by dbking and uploaded by Gary Dee
Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law

Selected case

A map of the Phelps and Gorham purchase

Seneca Nation of Indians v. Christy, 162 U.S. 283 (1896), was the first litigation of aboriginal title in the United States by a tribal plaintiff in the Supreme Court of the United States since Cherokee Nation v. Georgia (1831), and the first such litigation by an indigenous plaintiff since Fellows v. Blacksmith (1857) and its companion case of New York ex rel. Cutler v. Dibble (1858). The New York courts held that the Phelps and Gorham Purchase did not violate the Nonintercourse Act, one of the provisions of which prohibits purchases of Indian lands without the approval of the federal government, and that (even if it did) the Seneca Nation of New York was barred by the state statute of limitations from challenging the transfer of title. The U.S. Supreme Court declined to review the merits of lower court ruling because of the adequate and independent state grounds doctrine.

Although the case has not been formally overruled, two Supreme Court decisions from the 1970s and 1980s have undone its effect by ruling that there is federal subject-matter jurisdiction for a federal common law cause of action for recovering possession based on the common law doctrine of aboriginal title. Moreover, the New York courts' interpretation of the Nonintercourse Act is no longer good law, with modern federal courts holding that only Congress can ratify a conveyance of aboriginal title, and only with a clear statement, rather than implicitly. (more...)

Selected statute

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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