Portal:Law

The Exchequer of Pleas, or Court of Exchequer, was a court that dealt with matters of equity, a set of legal principles based on natural law and common law in England and Wales. Originally part of the curia regis, or King's Council, the Exchequer of Pleas split from the curia in the 1190s to sit as an independent central court. The Court of Chancery's reputation for tardiness and expense resulted in much of its business transferring to the Exchequer. The Exchequer and Chancery, with similar jurisdictions, drew closer together over the years until an argument was made during the 19th century that having two seemingly identical courts was unnecessary. As a result, the Exchequer lost its equity jurisdiction. With the Judicature Acts, the Exchequer was formally dissolved as a judicial body by an Order in Council on 16 December 1880.

The Exchequer's jurisdiction at various times was common law, equity or both. Initially a court of both common law and equity, it lost much of its common law jurisdiction after the formation of the Court of Common Pleas. From then on, it concerned itself with equitable matters and those common law matters that it had discretion to try, such as actions brought against Exchequer officials and actions brought by the monarch against non-paying debtors. (Full article...)

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...)

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 Obscene Publications Act 1959 (7 & 8 Eliz. 2. c. 66) is an Act of Parliament of the United Kingdom Parliament, which significantly reformed the law related to obscenity in England and Wales. Before the passage of the Act, the law on publishing obscene materials was governed by the common-law case of R v Hicklin, which had no exceptions for artistic merit or the public good. During the 1950s, the Society of Authors formed a committee to recommend reform of the existing law, submitting a draft bill to the Home Office in February 1955. After several failed attempts to push a bill through Parliament, a committee wrote a viable bill, which was introduced to Parliament by Roy Jenkins and given royal assent on 29 July 1959, coming into force on 29 August 1959 as the Obscene Publications Act 1959. With the committee consisting of both censors and reformers, the actual reform of the law was limited, with several extensions of police powers included in the final version.

The Act created a new offence, that of publishing obscene material, and abolished the common-law offence of publishing obscene materials, which was previously used. The Act also allows Justices of the Peace to issue warrants for the police seizure of such materials. It also creates two defences, those of innocent dissemination and of the public good. The Act has been used in several high-profile cases, such as the trials of Penguin Books for publishing Lady Chatterley's Lover and Oz for the Schoolkids OZ issue. (Full article...)

• ... that the Digital Switchover (Disclosure of Information) Act 2007 allows social security information to be passed to the BBC?

• ... that after the crash of United Airlines Flight 297 in 1962, the Federal Aviation Administration created new regulations that required airplanes to better withstand bird strikes?

• ... that in Re A (conjoined twins) an English court permitted the separation of two conjoined twins knowing that one would die?

• ... that although Elizabeth Richards Tilton (pictured) was a central figure in a six-month-long trial, she was never allowed to speak in court?

• ... that under modern principles of vicarious liability in English law, employers are answerable for the intentional wrongdoings of their employees?

• ... that although John Fortescue listed ten Inns of Chancery, only nine are known?

• ... that oppositionist delegates to the Philippine Constitutional Convention of 1971 were among the first to be arrested when Ferdinand Marcos declared martial law in the Philippines?

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...)

Pepper (Inspector of Taxes) v Hart [1992] UKHL 3, is a landmark decision of the House of Lords on the use of legislative history in statutory interpretation. The court established the principle that when primary legislation is ambiguous then, in certain circumstances, the court may refer to statements made in the House of Commons or House of Lords in an attempt to interpret the meaning of the legislation. Before this ruling, such an action would have been seen as a breach of parliamentary privilege.

John Hart and nine others were teachers at Malvern College who benefited from a "concessionary fee" scheme that allowed their children to be educated at the college for one-fifth of the normal fees. The Inland Revenue attempted to tax this benefit based on the Finance Act 1976. There was a dispute over the correct interpretation of the Act. The Special Commissioners charged with assessing the tax found in favour of Hart, but both the High Court of Justice and Court of Appeal of England and Wales found in favour of the Inland Revenue. The case then went to the House of Lords, which, making use of statements in Parliament as recorded in Hansard, found in favour of Hart. Lord Mackay, dissenting, argued that Hansard should not be considered admissible evidence because of the time and expense involved in a lawyer having to look up every debate and discussion on a particular statute when giving legal advice or preparing a case. (Full article...)

• ... 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?
• ... that Russian money, known as qiang tie by locals, was used as legal currency in some regions of China for decades?
• ... that despite being legally available in most cases, abortion in Taiwan is still criminalized under the penal code?
• ... that under early English common law a person became legally dead when they entered a religious order?
• ... that The Bootleggers portrays the illegal alcohol trade during the Prohibition era of the Roaring '20s?
• ... that New Zealand activist Pania Newton gave up a legal career to become an activist and spokesperson for the preservation of her ancestral lands at Ihumātao?

• 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