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Law is a set of rules that are created and enforced by governmental or societal 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.
Scientific jury selection, often abbreviated SJS, is the use of social science techniques and expertise to choose favorable juries during a criminal or civil trial. Scientific jury selection is used during the jury selection phase of the trial, during which lawyers have the opportunity to question jurors. It almost always entails an expert's assistance in the attorney's use of peremptory challenges—the right to reject a certain number of potential jurors without stating a reason—during jury selection. The practice is currently unique to the American legal system.
SJS has roots in criminal trials during the Vietnam War era, but in modern times is usually employed in high-stakes civil litigation (where only money is usually at issue, in contrast to criminal trials, where the defendant can go to prison). SJS practitioners determine what background characteristics and attitudes predict favorable results, and then coordinate with attorneys in choosing the jury. Studies are mixed as to the effectiveness of the practice, though it is clear that the evidence presented at trial is the most important determiner of verdicts (the trial result) and that SJS is more likely to have an impact where that evidence is ambiguous. SJS's potential to unfairly skew the jury has led to some reform proposals, but none have yet been implemented. (Full article...)
Charles Edward Magoon (December 5, 1861 – January 14, 1920) was an American lawyer, judge, diplomat, and administrator who is best remembered as a governor of the Panama Canal Zone; he also served as Minister to Panama at the same time. He was Provisional Governor of Cuba during the American occupation of Cuba from 1906 to 1909.
He was the subject of several scandals during his career. As a legal advisor working for the United States Department of War, he drafted recommendations and reports that were used by Congress and the executive branch in governing the United States' new territories following the Spanish–American War. These reports were collected as a published book in 1902, then considered the seminal work on the subject. During his time as a governor, Magoon worked to put these recommendations into practice. In summary: Magoon was hugely successful in Panama but criticized for his tenure in Cuba. (Full article...)
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. They are also distinguished from secondary legislation, or regulations, that are issued by an executive body under authority granted by a statute. Depending on the legal system, a statute may also be referred to as an "act". (Full article...)
Hours of service (HOS) regulations are issued by the Federal Motor Carrier Safety Administration (FMCSA) and govern the working hours of anyone operating a commercial motor vehicle (CMV) in the United States. These regulations apply to truck drivers, commercial and intercity bus drivers, and school bus drivers who operate CMVs. 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. (Full article...)
Case 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. The term is often used interchangeably with common law. (Full article...)
Eng Foong Ho v Attorney-General was a 2009 judgement of the Court of Appeal of Singapore, on appeal from a 2008 decision of the High Court. The main issue raised by the case was whether the Collector of Land Revenue had treated the plaintiffs (later appellants), who were devotees of the Jin Long Si Temple, unequally by compulsorily acquiring for public purposes the land on which the temple stood but not the lands of a Hindu mission and a Christian church nearby. It was alleged that the authorities had acted in violation of Article 12(1) of the Constitution of the Republic of Singapore, which guarantees the rights to equality before the law and equal protection of the law.
The High Court held that the plaintiffs lacked locus standi to bring the action as they were not the temple's legal owners. In any case, as there was evidence that the authorities had rational reasons for treating the temple property differently from the property of the Mission and the Church, the High Court found that there had been no breach of Article 12(1). Furthermore, the Court determined that the plaintiffs were guilty of inordinate delay in bringing the action.
On appeal, this decision was upheld in part by the Court of Appeal. The Court of Appeal found that the plaintiffs (appellants) had locus standi to bring the action as they were members of a Buddhist association, for whose benefit the temple property was held by its trustees. In addition, the Court found that the plaintiffs had not been guilty of inordinate delay in commencing the suit. However, the Court agreed with the trial judge that the Collector had not acted in violation of Article 12(1). In determining this issue, the Court held that the test to be applied is "whether there is a reasonable nexus between the state action taken and the object of the law". Such a nexus will be absent if the action amounts to "intentional and arbitrary discrimination" or intentional systematic discrimination. It is insufficient if any inequality is due to "inadvertence or inefficiency", unless this occurs on a very substantial scale. In addition, inequalities arising from a reasonable administrative policy or which are mere errors of judgement are insufficient to constitute a violation of Article 12(1). (Full article...)
... that May McGee's successful legal action against the Irish government for restricting her access to contraceptives led to an eventual liberalization of the country's laws on birth control?
... that Vidoe Smilevski's apartment was "a center of illegal revolutionary activity" before he became the Macedonian president?
... that as part of illegal wildlife trading, Oophaga solanensis frogs are bought for US$3 in their native Colombia and sold for up to US$1,000 overseas?
Image 3Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary)
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)
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