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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 legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. 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. Religious law is in use in some religious communities and states, and has historically influenced secular law.

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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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 M'Naghten Rules, based on the trial of Daniel M'Naghten in 1843. (Full article...)

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William Norman Birkett, 1st Baron Birkett, PC (6 September 1883 – 10 February 1962), was a British barrister, judge, politician and preacher who served as the deputy British judge during the Nuremberg Trials.

Birkett received his education at Barrow-in-Furness Higher Grade School. He was a Methodist preacher and a draper before attending Emmanuel College, Cambridge, in 1907, to study theology, history and law. Upon graduating in 1910 he worked as a secretary and was called to the Bar in 1913.

Declared medically unfit for military service during World War I, Birkett used the time to make up for his late entry into the legal profession and was appointed a King's Counsel in 1924. He became a criminal defence lawyer and acted as counsel in a number of famous cases including the second of the Brighton trunk murders. A member of the Liberal Party, he sat in Parliament for Nottingham East twice, first in 1923 and again in 1929.

Despite refusing appointment to the High Court of Justice in 1928, he was offered the position again in 1941 and accepted, joining the King's Bench Division. In 1945 he served as the alternate British judge at the Nuremberg trials, and he was made a privy counsellor in 1947. He joined the Court of Appeal in 1950 but retired in 1956 when he had served for long enough to draw a pension. From 1958 he served in the House of Lords, and his speech against a private bill in 1962 (the Bill sought to convert the Cumbrian lake Ullswater into a reservoir) saw it defeated by 70 votes to 36, two days before he died on 10 February 1962. (Full article...)

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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 Trustee Act 2000 (c. 29) is an act of the Parliament of the United Kingdom that regulates the duties of trustees in English trust law. Reform in these areas had been advised as early as 1982, and finally came about through the Trustee Bill 2000, based on the Law Commission's 1999 report "Trustees' Powers and Duties", which was introduced to the House of Lords in January 2000. The bill received the Royal Assent on 23 November 2000 and came into force on 1 February 2001 through the Trustee Act 2000 (Commencement) Order 2001, a Statutory Instrument, with the Act having effect over England and Wales.

The Act covers five areas of trust law: the duty of care imposed upon trustees, trustees' power of investment, the power to appoint nominees and agents, the power to acquire land, and the power to receive remuneration for work done as a trustee. It sets a new duty of care, both objective and standard, massively extends the trustees' power of investment and limits the trustees' liability for the actions of agents, also providing for their remuneration for work done in the course of the trust. (Full article...)

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Did you know...

... that the Franklin County Courthouse (pictured) incorporates the walls and columns left after Confederate forces burned the previous courthouse during the American Civil War?

... that a bipartisan commission was established by law in 2003 with the mandate to study prison rape in the United States?

... that T. Muthuswamy Iyer was the first Indian judge of the Madras High Court?

... that a grand jury found Arizona Territory's "Thieving Thirteenth" legislature exceeded a US$4,000 legal limitation for operating expenses by US$46,744.50?

... that English gynaecologist Margaret Puxon, who started studying law to prevent boredom while on maternity leave, eventually became a barrister?

... that the Stephen Downing case, also known as the Bakewell Tart murder, has been described as the longest miscarriage of justice in British legal history?

... that John B. Creeden was a founder of both Boston College Law School and Georgetown University's School of Foreign Service?

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Selected images

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

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...)

R v Secretary of State for Foreign and Commonwealth Affairs, ex parte Bancoult (No 2) [2008] UKHL 61 is a UK constitutional law case in the House of Lords concerning the removal of the Chagos Islanders and the exercise of the Royal Prerogative. The Chagos Islands, acquired by the United Kingdom in 1814, were reorganised as the British Indian Ocean Territory (BIOT) in 1965 for the purpose of removing its inhabitants. Under a 1971 ordinance, the Chagossians were forcibly removed, and the central island of Diego Garcia leased to the United States for use as a military outpost.

In 2000, Olivier Bancoult brought a judicial review claim against the Secretary of State for Foreign and Commonwealth Affairs for the initial ordinance which led to the Chagossian removal. Bancoult sought a writ of certiorari on the grounds that the ordinance was ultra vires ("beyond power" – that is, that the ordinance had been made without legal authority), a claim upheld by both the Divisional Court and the Court of Appeal. In response, Robin Cook, the Foreign Secretary, repealed the 1971 ordinance and announced he would not appeal against the decision, allowing the Chagossians to return home.

In 2004, an Order in Council, the British Indian Ocean Territory (Constitution) Order 2004, was produced, again reinstating the off-limits nature of the Chagos Islands. Bancoult brought a second case, arguing that this Order was again ultra vires and unreasonable, and that the British government had violated legitimate expectation by passing the second Order after giving the impression that the Chagossians were free to return home.

The new Order was again struck down by the Divisional Court and Court of Appeal before proceeding to the House of Lords where it was heard by Lords Hoffmann, Bingham, Rodger, Carswell and Mance between 30 June and 3 July 2008. In their judgment, issued on 22 October 2008, the Lords decided by a 3–2 majority to uphold the new Order in Council, stating that it was valid and, although judicial review actions could look at Orders in Council, the national security and foreign relations issues in the case barred them from doing so. In addition, Cook's statement had not been clear and unambiguous enough to provide legitimate expectation. (Full article...)

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See also: Lists of case law

More Did you know (auto-generated)

... that since being left vacant the grade II–listed Occleshaw House in Leyland, Lancashire, has been used as an illegal cannabis farm and suffered a suspected arson attack?
... that a number of bus drivers who participated in a strike were unaware that it was illegally held?
... that President Ieremia Tabai of Kiribati was elected in 1978, 1982, 1983 and 1987, although his eligibility for the fourth term was subject to a legal challenge?
... that women seeking abortions in Eswatini or in Lesotho may travel to neighbouring South Africa, where it is legal?
... that some drug trafficking factions in Brazil have partnered up with evangelical churches?
... that the Colonial Office refused to appoint Cyrus Prudhomme David to the magistracy, considering it wrong "as a matter of policy" to appoint a second Black man to a legal post in Trinidad and Tobago?

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General images

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

Image 1Corpus Iuris Civilis, 1607 (from Judiciary)
Image 2Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence)
Image 3"With law shall land be built", from the Code of Jutland (1241) above the Copenhagen Court House, Denmark (from Legal history)
Image 4The 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 5Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law)
Image 6Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence)
Image 7Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence)
Image 8Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence)
Image 9Mill believed law should create happiness. (from Jurisprudence)
Image 10King John of England signs the Magna Carta (from Legal history)
Image 11The 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 12Aristotle, by Francesco Hayez (from Jurisprudence)
Image 13Gratian (from Judiciary)
Image 14Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary)
Image 15Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence)

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