Law[4] is a system System is a set of interacting or interdependent entities forming an integrated whole of rules, usually enforced through a set of institutions Institutions are structures and mechanisms of social order and cooperation governing the behavior of a set of individuals within a given human collectivity. Institutions are identified with a social purpose and permanence, transcending individual human lives and intentions, and with the making and enforcing of rules governing cooperative human.[5] Laws can shape or reflect politics Politics , is a process by which groups of people make collective decisions. The term is generally applied to behavior within civil governments, but politics has been observed in other group interactions, including corporate, academic, and religious institutions. It consists of "social relations involving authority or power" and refers, economics Economics is the social science that analyzes the production, distribution, and consumption of goods and services. The term economics comes from the Ancient Greek οἰκονομία from οἶκος (oikos, "house") + νόμος (nomos, "custom" or "law"), hence "rules of the house(hold)". Current economic and society A society or a human society is a group of people related to each other through persistent relations such as social status, roles and social networks. Human societies are characterized by patterns of relationships between individuals sharing a distinctive culture and institutions. Without an article, the term refers either to the entirety of in numerous ways and serves as a primary social mediator of relations between people.
Contract law In law, a contract is a legally binding agreement between two or more parties which, if it contains the elements of a valid legal agreement, is enforceable by law or by binding arbitration. A legally enforceable contract is an exchange of promises with specific legal remedies for breach. These can include compensatory remedy, whereby the regulates everything from buying a bus ticket to trading on derivatives markets A derivative, in non-financial-expert terms, is an agreement or contract that is not based on a real, or true, exchange, i.e.: There is nothing tangible like money, or a product, that is being exchanged. For example, a person goes to the grocery store, exchanges a currency for a commodity (say, an apple). The exchange is complete, both parties. Property law Property law is the area of law that governs the various form of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property. Movable property roughly corresponds to personal property, while immovable property corresponds to real estate defines rights and obligations related to the transfer and title of personal Personal property, roughly speaking, is private property that is moveable, as opposed to real property or real estate. In the common law systems personal property may also be called chattels or personalty. In the civil law systems personal property is often called movable property or movables - any property that can be moved from one location to (often referred to as chattel) and real property Real property and personal property are the main classifications of property in the common law. Real property refers to land and the improvements made by human efforts—buildings, machinery, the acquisition of various property rights, and the like. Real property is also termed realty, real estate, and immovable property. Trust law In common law legal systems, a trust is a relationship whereby property is managed by one person (or persons, or organizations) for the benefit of another. A trust is created by a settlor (or feoffor to uses), who entrusts some or all of their property to people of their choice (the trustees or feoffee to uses). The trustees hold legal title to applies to assets held for investment and financial security, while tort A Tort is the French word for a "wrong." A tort is a civil wrong. A civil wrong involves a breach of a duty owed to someone else, as opposed to criminal wrongdoing which involves a breach of a duty owed to society. Torts are civil wrongs other than breaches of contract and certain equitable wrongs law allows claims for compensation if a person's rights or property are harmed The harm principle is articulated in John Stuart Mill's On Liberty, though it is also articulated in John Locke's Second Treatise of Government and in the work of Wilhelm von Humboldt, to whom Mill is obliged and discusses at length. Mill concludes that government should not forcibly prevent people from engaging in victimless crimes.
If the harm is criminalised in a statute, criminal law Criminal law, or penal law, is the bodies of rules with the potential for severe impositions as punishment for failure to comply. Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision , or fines. There are some archetypal crimes, like murder, but the acts that are forbidden offers means by which the state can prosecute the perpetrator. Constitutional law Not all nation states have codified constitutions, though all such states have a jus commune, or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law, conventions, statutory law, judge-made law or international rules and norms, etc provides a framework for the creation of law, the protection of human rights Human rights are "rights and freedoms to which all humans are entitled." Proponents of the concept usually assert that everyone is endowed with certain entitlements merely by reason of being human and the election of political representatives. Administrative law Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. As a body of law, administrative law deals with the decision-making is used to review the decisions of government agencies, while international law International law is the term commonly used for referring to laws that govern the conduct of independent nations in their relationships with one another. It differs from other legal systems in that it primarily concerns provinces rather than private citizens. However, the term "international law" can refer to three distinct legal governs affairs between sovereign nation states The nation-state is a state that self-identifies as deriving its political legitimacy from serving as a sovereign entity for a country as a sovereign territorial unit. The state is a political and geopolitical entity; the nation is a cultural and/or ethnic entity. The term "nation-state" implies that the two geographically coincide, and in activities ranging from trade Trade is the voluntary, often asymmetric, exchange of goods, services, or money. Trade is also called commerce or transaction. A mechanism that allows trade is called a market. The original form of trade was barter, the direct exchange of goods and services. Later one side of the barter were the metals, precious metals , bill, paper money. Modern to environmental regulation or military action. Writing in 350 BC, the Greek Ancient Greece is the civilization belonging to the period of Greek history lasting from the Archaic period of the 8th to 6th centuries BC to 146 BC and the Roman conquest of Greece after the Battle of Corinth. At the center of this time period is Classical Greece, which flourished during the 5th to 4th centuries BC, at first under Athenian philosopher Aristotle Aristotle (384 BC – 322 BC) was a Greek philosopher, a student of Plato and teacher of Alexander the Great. His writings cover many subjects, including physics, metaphysics, poetry, theater, music, logic, rhetoric, politics, government, ethics, biology, and zoology. Together with Plato and Socrates (Plato's teacher), Aristotle is one of the most declared, "The rule of law While the rule of law has been described as "an exceedingly elusive notion" giving rise to a "rampant divergence of understandings", a dichotomy can be identified between two principal conceptions of the rule of law: a formalist or "thin" and a substantive or "thick" definition of the rule of law. Formalist is better than the rule of any individual."[6]
Legal systems elaborate rights Rights are legal, social, or ethical principles of freedom or entitlement — i.e. rights are normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory. The concept of rights is often fundamental to civilized societies, and it is of vital importance in such disciplines and responsibilities in a variety of ways. A general distinction can be made between civil law Civil law is a legal system inspired by Roman law, the primary feature of which is that laws are written into a collection, codified, and not determined by judges. Conceptually, it is the group of legal ideas and systems ultimately derived from the Code of Justinian, but heavily overlaid by Germanic, ecclesiastical, feudal, and local practices, as jurisdictions Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. The term is also used to denote the geographical area or subject-matter to which such authority, which codify their laws, and common law Common law is law developed by judges through decisions of courts and similar tribunals , rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different systems, where judge made law is not consolidated. In some countries, religion In some religions, law can be thought of as the ordering principle of reality; knowledge as revealed by a God defining and governing all human affairs. Law, in the religious sense, also includes codes of ethics and morality which are upheld and required by the God. Examples include customary Halakha and Hindu law, and to an extent, Sharia (Islamic informs the law. Law provides a rich source of scholarly inquiry, into legal history Legal history or the history of law is the study of how law has evolved and why it changed. Legal history is closely connected to the development of civilizations and is set in the wider context of social history. Among certain jurists and historians of legal process it has been seen as the recording of the evolution of laws and the technical, philosophy Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions. Modern jurisprudence began in the 18th century and was focused on the first principles of the natural law, civil law, and the law, economic analysis Law and economics is an approach to legal theory that applies methods of economics to law. It includes the use of economic concepts to explain the effects of laws, to assess which legal rules are economically efficient, and to predict which legal rules will be promulgated or sociology The sociology of law is a sub-discipline of sociology and an interdisciplinary approach within the field of legal studies. As a field of research, it is intellectually dependent on mainstream sociology, i.e. it borrows theories and methods from sociology to study law, legal institutions and legal behaviour. It consists of various sociological. Law also raises important and complex issues concerning equality Egalitarianism , is a trend of thought that favors equality of some sort. Its general premise is that people should be treated as equals on certain dimensions such as religiously, politically, economically, socially, or culturally. Egalitarian doctrines maintain that all human persons are equal in fundamental worth or moral status. In large part,, fairness and justice Justice is the concept of moral rightness based on ethics, rationality, law, natural law, religion, fairness, or equity, along with the punishment of the breach of said ethics. "In its majestic equality", said the author Anatole France Anatole France , born François-Anatole Thibault, was a French poet, journalist, and novelist. He was born in Paris, and died in Saint-Cyr-sur-Loire. He was a successful novelist, with several best-sellers. Ironic and skeptical, he was considered in his day the ideal French man of letters. He was a member of the Académie française, and won the in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread."[7]
In a typical democracy Democracy is a political form of government where governing power is derived from the people, either by direct referendum or by means of elected representatives of the people (representative democracy). The term comes from the Greek: δημοκρατία – (dēmokratía) "rule of the people", which was coined from δῆμος (dêmos) &, the central institutions for interpreting and creating law are the three main branches of government A government is the organization, or agency through which a political unit exercises its authority, controls and administers public policy, and directs and controls the actions of its members or subjects, namely an impartial judiciary The judiciary is the system of courts that interprets and applies the law in the name of the sovereign or state. The judiciary also provides a mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make law (that is, in a plenary fashion, which is the responsibility of the, a democratic legislature A legislature is a type of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise taxes and adopt the budget and other money bills. Legislatures are known by many names, the, and an accountable executive On the study of political science the executive branch of government has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the republican idea of the separation of powers. 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 A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political and social authority, and deliver and a vibrant civil society Civil society is composed of the totality of voluntary civic and social organizations and institutions that form the basis of a functioning society as opposed to the force-backed structures of a state and commercial institutions of the market inform and support their progress.
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Legal subjects
All legal systems deal with the same basic issues, but each country categorises and identifies its legal subjects in different ways. A common distinction is that between "public law Public law is a theory of law governing the relationship between individuals and the state. Under this theory, constitutional law, administrative law and criminal law are sub-divisions of public law. This theory is at odds with the concept of Constitutional law, which requires all laws to be specifically enabled, and thereby sub-divisions, of a" (a term related closely to the state A jurisdiction is an area with a set of laws under the control of a system of courts which are different to neighbouring areas. Unitary states usually form single jurisdictions, whilst each state in a federal state forms a separate jurisdiction. However sometimes certain laws in a federal state are uniform across the constituent states and, and including constitutional, administrative and criminal law), and "private law Private law is that part of a legal system that involves relationships between individuals. This includes the law of contracts or torts and the law of obligations. It is distinguished from public law, which deals with law involving the state, including regulatory statutes, penal law and other law of public order" (which covers contract, tort A Tort is the French word for a "wrong." A tort is a civil wrong. A civil wrong involves a breach of a duty owed to someone else, as opposed to criminal wrongdoing which involves a breach of a duty owed to society. Torts are civil wrongs other than breaches of contract and certain equitable wrongs and property).[8] In civil law Civil law is a legal system inspired by Roman law, the primary feature of which is that laws are written into a collection, codified, and not determined, as in common law, by judges. The principle of civil law is to provide all citizens with an accessible and written collection of the laws which apply to them and which judges must follow. It is systems, contract and tort fall under a general law of obligations The Law of Obligations is one of the component private law elements of the civil law system of law. The Law of Obligations finds its origins in Roman law which is defined as a “legal tie” or “legal bond” in the Institutes of Justinian. It concerned with situations where a person has incurred a personal liability for which he is answerable, while trusts law is dealt with under statutory regimes or international conventions Categories: Hague Conventions | 1985 in law | Conflict of laws | Wills and trusts | Equity . International, constitutional and administrative law, criminal law, contract, tort, property law and trusts In common law legal systems, a trust is a relationship whereby property is managed by one person (or persons, or organizations) for the benefit of another. A trust is created by a settlor (or feoffor to uses), who entrusts some or all of their property to people of their choice (the trustees or feoffee to uses). The trustees hold legal title to are regarded as the "traditional core subjects",[9] although there are many further disciplines which may be of greater practical importance.
International law
Main articles: Public international law, Conflict of laws, and European Union law Providing a constitution for public international law, the United Nations system was agreed during World War IIInternational law can refer to three things: public international law, private international law or conflict of laws and the law of supranational organisations.
- Public international law concerns relationships between sovereign nations. The sources for public international law development are custom, practice and treaties between sovereign nations, such as the Geneva Conventions. Public international law can be formed by international organisations, such as the United Nations (which was established after the failure of the League of Nations to prevent the Second World War),[10] the International Labour Organisation, the World Trade Organisation, or the International Monetary Fund. Public international law has a special status as law because there is no international police force, and courts (e.g. the International Court of Justice as the primary UN judicial organ) lack the capacity to penalise disobedience.[11] However, a few bodies, such as the WTO, have effective systems of binding arbitration and dispute resolution backed up by trade sanctions.[12]
- Conflict of laws (or "private international law" in civil law countries) concerns which jurisdiction a legal dispute between private parties should be heard in and which jurisdiction's law should be applied. Today, businesses are increasingly capable of shifting capital and labour supply chains across borders, as well as trading with overseas businesses, making the question of which country has jurisdiction even more pressing. Increasing numbers of businesses opt for commercial arbitration under the New York Convention 1958.[13]
- European Union law is the first and, so far, only example of a supranational legal framework. Given the trend of increasing global economic integration, many regional agreements—especially the Union of South American Nations—are on track to follow the same model. In the EU, sovereign nations have gathered their authority in a system of courts and political institutions. These institutions are allowed the ability to enforce legal norms both against or for member states and citizens in a manner which is not possible through public international law.[14] As the European Court of Justice said in the 1960s, European Union law constitutes "a new legal order of international law" for the mutual social and economic benefit of the member states.[15]
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Firm LLP Pursuing Shareholder Claims Against Prospect ... MarketWatch (press release) DALLAS, Aug 30, 2010 (Business wire) -- Goldfarb Branham LLP is pursuing shareholder claims against the board of Prospect Medical Holdings (NASDAQ:PZZ) in ... Goldfarb Branham Law Firm LLP is Investigating Cogent Inc. Board for Shareholders MarketWatch (press release)
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March 18 2009 Acie Law IV Photo Credit Icon SMI
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Get a preview of one of the new shows NBC will be programming at 10pm now that Jay's gone.. cbs.com.
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The ABA Journal, taking a break from promoting worthless social media hacks, has brought us a message from Big . Law. Associates. It reads more like a list of demands from a hostage taker without hostages: ...
