Portal:Law

The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the estates of lunatics and the guardianship of infants.

Its initial role differed somewhat: as an extension of the lord chancellor's role as Keeper of the King's Conscience, the court was an administrative body primarily concerned with conscientious law. Thus the Court of Chancery had a far greater remit than the common-law courts (whose decisions it had the jurisdiction to overrule for much of its existence) and was far more flexible. (Full article...)

Thomas Jefferson Hogg (24 May 1792 – 27 August 1862) was a British barrister and writer best known for his friendship with the Romantic poet Percy Bysshe Shelley. Hogg was raised in County Durham, but spent most of his life in London. He and Shelley became friends while studying at University College, Oxford, and remained close until Shelley's death. During their time at Oxford they collaborated on several literary projects, culminating in their joint expulsion following the publication of an essay titled "The Necessity of Atheism". They remained good friends, but their relationship was sometimes strained because of Hogg's attraction to the women who were romantically involved with Shelley.

Hogg became a barrister and met Jane Williams, who had become a close friend of Percy Shelley's shortly before the poet's death. Jane became Hogg's common-law wife and they had two children together. The family settled in London, although Hogg's legal career meant that he often had to travel away from home.

While living in London Hogg made the acquaintance of several well-known writers, and he published literary works of his own. He studied Greek literature for much of his life and published several articles on the subject, including two entries in the Encyclopædia Britannica. Most of the fiction he wrote was poorly reviewed. His best-known literary work was The Life of Percy Bysshe Shelley, an unfinished biography of the poet. Although the book was well researched and painted a clear picture of Shelley as a young man, it was criticised for portraying him negatively.

Hogg was well connected with Whig politicians. He received an appointment to a government commission on municipal corporations and became a revising barrister. His legal career was moderately successful, but he was often frustrated by his failure to attain his goal of becoming a professor or judge. Nevertheless, he was able to provide for his family thanks to an inheritance and the income from his legal career. (Full article...)

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 Laws of the Twelve Tables (Latin: lex duodecim tabularum) was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws.

In the Forum, "The Twelve Tables" stated the rights and duties of the Roman citizen. Their formulation was the result of considerable agitation by the plebeian class, who had hitherto been excluded from the higher benefits of the Republic. The law had previously been unwritten and exclusively interpreted by upper-class priests, the pontifices. Something of the regard with which later Romans came to view the Twelve Tables is captured in the remark of Cicero (106–43 BC) that the "Twelve Tables...seems to me, assuredly to surpass the libraries of all the philosophers, both in weight of authority, and in plenitude of utility". Cicero scarcely exaggerated; the Twelve Tables formed the basis of Roman law for a thousand years.

The Twelve Tables are sufficiently comprehensive that their substance has been described as a 'code', although modern scholars consider this characterization exaggerated. The Tables are a sequence of definitions of various private rights and procedures. They generally took for granted such things as the institutions of the family and various rituals for formal transactions. The provisions were often highly specific and diverse. (Full article...)

• ... that English professor Alice D. Snyder helped lead the campaign that earned New York women the right to vote?

• ... that per a 2019 Supreme Court ruling, U.S. states are immune from private suits against them in courts of other states without their consent?

• ... that between 1970 and 1984 the WE Seal of approval program aided in an estimated US$100,000 in restitution being made to collectors of comics and other memorabilia victimized by mail fraud?

• ... that at oral argument in NIFLA v. Becerra, U.S. Supreme Court Justice Elena Kagan questioned whether a California law was "gerrymandered" in order to discriminate against crisis pregnancy centers?

• ... that the Constitution of the Kingdom of Poland of 1815, considered among the most liberal constitutions of its time, was increasingly disregarded by the Polish government, leading to the November Uprising of 1830?

• ... that the red dresses in Métis artist Jaime Black's REDress Project represent the missing and murdered Indigenous women of Canada and the USA?

• ... that after the death of Olaseni Lewis, who was restrained by 11 police officers, UK law was changed to require police to wear body cameras when dealing with vulnerable people?

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...)

Cambridge Water Co Ltd v Eastern Counties Leather plc [1994] 1 All ER 53 is a case in English tort law that established the principle that claims under nuisance and Rylands v Fletcher must include a requirement that the damage be foreseeable; it also suggested that Rylands was a sub-set of nuisance rather than an independent tort, a debate eventually laid to rest in Transco plc v Stockport Metropolitan Borough Council.

The Cambridge Water Company were a company responsible for providing potable water to the inhabitants of Cambridge and the surrounding areas. In 1976, they purchased a borehole outside Sawston to deal with rising demand. In 1980, a European Directive was issued requiring nations of the European Community to establish standards on the presence of perchloroethene (PCE) in water, which the United Kingdom did in 1982. It was found that the Sawston borehole was contaminated with PCE that had originated in a tannery owned by Eastern Counties Leather. Prior to 1980, there was no knowledge that PCE should be avoided or that it could cause harm, but the Cambridge Water Company brought a case against Eastern Counties Leather anyway.

The case first went to the High Court of Justice, where Kennedy J dismissed claims under nuisance, negligence and Rylands v Fletcher because the harm was not foreseeable. His decision was reversed by the Court of Appeal of England and Wales, who cited an "obscure decision" to justify doing so. The case then went to the House of Lords, where a decision was read by Lord Goff on 9 December 1993. Goff first countered the Court of Appeal decision, restoring Kennedy's dismissal of the case, before moving on to the deeper legal points. Based on the original decision in Rylands, Goff argued that it had always been intended for foreseeability of harm to be a factor, something not previously put into law by the English judiciary. He then stated that Rylands was arguably a sub-set of nuisance, not an independent tort, and as such the factors which led him to including a test of foreseeability of harm in Rylands cases also imposed such a test on all nuisance cases.

The decision in Cambridge Water Co made an immediate change to the law, for the first time requiring foreseeability of harm to be considered in cases brought under Rylands v Fletcher and the general tort of nuisance. It was also significant in implying that Rylands was not an independent tort, something later concluded in the Transco case. Goff's judgment has been criticised on several points by academics, who highlight flaws in wording which leave parts of the judgment ambiguous and a selective assessment of Rylands that ignores outside influences. (Full article...)

• ... that a recent Jersey court case found that the usage of an ancient Norman Clameur de Haro, which includes a recitation of the Lord's Prayer in French to legally apply an injunction, was used incorrectly?
• ... that despite being legally available in most cases, abortion in Taiwan is still criminalized under the penal code?
• ... that The Hidden Case of Ewan Forbes discusses the history of transgender man Ewan Forbes and his 1968 legal case to inherit his family's baronetcy that was silenced from public records?
• ... that an activist protested the use of Chinese characters for Taiwanese Indigenous names by changing her legal name to "Lee I want to exclusively list my tribal name, my Bunun tribal name is Savungaz Valincinan"?
• ... that 90 percent of Indonesia's village-owned enterprises are not legal entities, hampering their ability to attract investors or open bank accounts?
• ... that no one laughed at the worst joke in legal history?

• April 28: Reports: US judge Matthew Kacsmaryk redacted name of corporation he owned stock in on disclosure forms
• April 22: Russia sentences opposition activist Vladimir Kara-Murza to 25 years in penal colony
• April 21: Paris judge acquits Airbus, Air France of involuntary manslaughter in 2009 crash that killed 228
• April 12: Russian authorities charge US reporter Evan Gershkovich with espionage
• April 11: Maryland, US attorney general's office alleges historic child sexual abuse by Catholic Church officials
• April 10: Former US President Donald Trump pleads not guilty to 34 felony charges in Manhattan
• April 5: Russia charges peace activist in assassination of pro-war blogger in Saint Petersburg
• April 2: 'Unfounded and unsubstantiated': London policemen cleared of beating Muslim
• March 29: 'Carlos the Jackal' on trial in France for third life sentence
• March 13: Sydney, Australia woman who "spontaneously" murdered boyfriend in "fatal explosion of emotion" sentenced
• March 9: Islamabad High Court temporarily suspends arrest warrant against former Pakistani PM Imran Khan
• February 26: Canadian soldier who filmed himself sexually abusing colleague has appeal dismissed