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The Law Portal

The Court of Cassation, Italy

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…)

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The Sandugo was a blood compact, performed in the island of Bohol in the Philippines, between the Spanish explorer Miguel López de Legazpi and Datu Sikatuna the chieftain of Bohol on March 16, 1565, to seal their friendship as part of the tribal tradition. This is considered as the first treaty of friendship between the Spaniards and Filipinos. "Sandugo" is a Visayan word which means "one blood".

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. (more...)

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William Norman Birkett, 1st Baron Birkett, QC PC (6 September 1883 – 10 February 1962) was a British barrister, judge, politician and preacher who served as the alternate British judge during the Nuremberg Trials. He received his education at Barrow-in-Furness Grammar School. He was a Methodist preacher and a draper before attending Emmanuel College, Cambridge in 1907, to study theology, history and law. He was called to the Bar in 1913.

Birkett was made 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.

He was accepted appointment to the High Court of Justice in 1941. 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 of England and Wales 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 saw it defeated by 70 votes to 36, two days before he died on 10 February 1962. (more...)

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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?

... that the case Carlill v. Carbolic Smoke Ball Company established the precedents for UK contract law?

... that although the Chancery Amendment Act 1858 was repealed in the United Kingdom, it is still valid in the Republic of Ireland and parts of Canada?

... that freedom of religion in Singapore, which is guaranteed by Article 15 of the Constitution of Singapore, may be restricted by a general law relating to public order, public health or morality?

... that banking regulations in Russia include significant specifics, such as mandatory deposits placed in special reserve accounts at the Russian Central Bank?

... 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 Peter Rosted served as chief judge at Inderøy District Court for 46 years, from 1733 to 1776?

... that the Alaska Native Claims Settlement Act extinguished all aboriginal title in Alaska?

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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

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Dietrich v The Queen was an important case decided in the High Court of Australia on 13 November 1992. It concerned the nature of the right to a fair trial, and under what circumstances defendants who cannot afford legal representation should be provided with legal aid by the state. Dietrich had entered Australia from Thailand with at least seventy grams of heroin concealed in condoms that he had swallowed. Australian Federal Police arrested him and searched his flat, finding one of the condoms and some heroin; Dietrich alleged that the drugs had been planted by the police. He was tried in the County Court of Victoria, but had no legal representation during the lengthy trial: the Legal Aid Commission of Victoria refused assistance unless he agreed to plead guilty. Dietrich was acquitted of one of the lesser charges, but convicted of the principal charge. The High Court of Australia decided that although there is no absolute right to have publicly funded counsel, in most circumstances a judge should grant any request for an adjournment or stay when an accused is unrepresented. It is an important case in Australian criminal law, and also in Australian constitutional law, since it is one of a number of cases in which some members of the High Court have found implied human rights in the Australian Constitution. (more...)

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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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