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What Is Law?

What Is Law?

Law is the system of rules that a community or a state recognizes as regulating the actions of its members. It is enforced by governmental institutions, and its precise nature is the subject of long-standing debate. Law consists of both the statutory laws passed by legislatures, which are codified in statutes, and the legal precedent established by judges through case law.

The purpose of law is to establish standards, maintain order, resolve disputes and protect liberties and rights. It is complex from a methodological point of view, since laws are both normative and prescriptive. This deprives them of the descriptive or causal character which characterizes empirical science (such as the law of gravity) and other social sciences, like economics.

Nevertheless, law is of significant interest from many perspectives, including the intellectual curiosity generated by its intrinsic complexity and the practical concern with such issues as how to best administer justice and how to deal with the exploitation of individuals by powerful corporations and other organized criminal groups. It is also an interesting object of study for philosophers and psychologists because of its contested status as a form of morality, a system of beliefs or a set of practical instructions.

The articles that follow cover three broad areas of law – the core subjects of constitutional, administrative and criminal law. However, the subjects intertwine and overlap. For example, labour law is concerned with the tripartite industrial relationship between worker, employer and trade unions, while civil procedure and evidence law involve the rules that courts must follow as a trial or appeal proceeds.

Maritime Law

Maritime Law

Maritime law is a vast and diverse area of the law. It encompasses the law of the sea and its navigable waters, the rights and obligations of sailors and other maritime workers, insurance coverage of a vessel or its cargo and even maritime property contracts such as liens and mortgages. Often, cases involving maritime law are decided in federal court due to the scope of admiralty jurisdiction (Article III, Section 2 of the U.S. Constitution and the Judiciary Act of 1789).

Among the most important aspects of maritime law are the Jones Act, the LHWCA, COGSA and other federal statutes that set out the rights and responsibilities of seaman, longshoremen, shipowners/cargo owners, ships and their equipment. These laws are codified under the law of the sea treaty, the Hague Rules, and apply to vessels, equipment and cargo that travel between ports in the United States, foreign countries and international waters.

The maritime law of the sea also includes an obligation of employers to pay injured seamen “maintenance and cure.” Under this portion of the law, workers are entitled to basic living expenses and medical care until they reach full recovery, irrespective of who is at fault for their injury. In some cases, injured workers can recover a claim for unseaworthiness if their employer fails to maintain a safe vessel or to provide necessary safety gear. In addition, families of deceased workers can bring claims for wrongful death damages based on the negligence/unseaworthiness of their loved one’s employer or the negligence/unseaworthiness/defective condition of a ship or piece of equipment.

International Law

International Law

International law is a complex web of rules, conventions and agreements that govern nearly all aspects of global life. The law has immense practical value, resolving conflicts, facilitating trade and holding leaders accountable for their actions and policies. It also provides a basis for the development of laws and institutions in regional and national contexts.

This law is primarily developed through multilateral treaties adopted by the General Assembly and opened for signature and ratification by States; through instruments developed by specialized agencies, such as the International Labour Organization, the International Civil Aviation Organisation and the International Committee of the Red Cross; and through the process of case-law established through the work of the International Court of Justice and its subsidiary bodies.

The law is also created by ad hoc tribunals set up to try the most serious crimes committed during specific time periods and during particular conflicts, such as the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Extraordinary Chambers in the Courts of Cambodia. These tribunals, which are sometimes referred to as hybrid courts, have contributed to combating impunity and strengthening accountability for the most egregious violations of international law.

Finally, the law is shaped by international custom, which involves a State’s regular practice of adhering to a certain legal norm out of a sense of obligation (see opinio juris; customary international law). The Charter of the United Nations stipulates that the Organization enjoys in the territory of each Member State such privileges and immunities as may be necessary for the fulfilment of its purposes, including the independent exercise of its functions.

Guide to Law

Guide to Law

Guide to law is a collection of articles that help readers learn about different legal topics. The articles cover a wide range of topics from civil rights to international law. They also answer many commonly asked questions about the law.

The articles are written in a way that is easy to read and understand. They also make use of images, tables and charts to illustrate important points. They do not contain any unnecessary jargon. Legal language can be difficult to understand for non-lawyers and using too much jargon will discourage them from reading your article. Instead of using complex words use simpler words, but if you have to use a technical term then explain it. This will prevent your audience from becoming confused and frustrated by your writing.

This research guide is intended to serve the needs of those conducting legal research online. It describes and links to resources for locating current and authoritative legal information on the web. In addition, it offers suggestions for overcoming common obstacles encountered in electronic legal research such as the difficulty of finding and manipulating unfamiliar databases.

This guide provides guidance for scholarly legal writing in several areas including researching a topic, selecting a topic, developing an argument, and the structure of a seminar paper. It also contains tips for avoiding plagiarism, citing sources and writing in the style required for academic legal writing. It is primarily aimed at UW students, but it will be useful to anyone who writes scholarly legal writing.

How to File a Lawsuit

How to File a Lawsuit

lawsuit

A lawsuit is when a person, on their own or with an attorney, uses the civil justice system to enforce their rights. The process is very complicated and the outcome depends on many things, including whether the person has a good case (meaning that there are legal grounds to sue) and how well they make their case.

The first step is to submit papers to the court that say what you are suing for and why. The specific forms that you need to file depend on the type of suit and your court’s rules. Generally, you will need to include a summons and a complaint. The court usually requires that the defendant formally be “served” with these papers, meaning that they get a copy of them in person.

After you have filed your papers, you will want to start gathering evidence. This will depend on the type of suit, but may include medical records and expert testimony. You may want to put some of this in what is called an “exhibit,” which is attached to the top of your complaint. If you use exhibits, make sure you number them and cite to them in your complaint.

After discovery, the lawyers for each side will prepare to try the case. The judge or jury will hear the evidence and decide whether the defendant is legally liable for your damages. They will also decide what the plaintiff should receive if they win — either monetary compensation or non-monetary equitable relief such as making things right.

What is National Law?

What is National Law?

national law

A national law is a set of laws that are applicable within a single nation. These laws are established by the Superlative Authority in a nation and can be enforced using the power of that nation’s military and other physical force. These laws regulate the government by laying down checks and balances and limitations on governmental authority, while also setting forth a Bill of Rights.

National law can be created by international treaties and conventions, as well as through the constitutions and acts of a country. Many of the laws in a country are implemented by government agencies which create regulations to govern how the laws are to be interpreted and applied. These regulations are more flexible than the laws that they replace and can be modified quickly to adapt to changes in the nation’s environment.

The education and care services national law in Australia is an example of a national regulation. It sets a standard for educational and care services across the country and allows the states and territories to implement it as they see fit. In turn the education and care services national law is then modified in each state and territory by local legislation based on the specific needs of that region.

The constitutions of some countries include a written constitution in one document, while others have an unwritten constitution or constitutional principles that are not formally documented in writing. The constitutional principles are usually not justiciable but they can be interpreted by the courts as laws in some cases. National law includes public law which governs the relationship between individuals and the state, its entities and authorities and the powers of these and criminal law which regulates the actions that may be committed by an individual against another or against society as a whole.

What Is Law?

What Is Law?

law

The law is a system of rules that a society or government develops to deal with crime, business agreements and social relationships. The word can also be used to refer to the people who work in this system. It is not easy to give a precise definition of law, as different societies and individuals have varying ideas about it. However, a definition is often based on the idea that law is a set of enforceable, binding rules made by a sovereign power and enforced by its agents. It is often also based on the idea that the law is an objective and immutable set of principles, with some sort of moral core.

One way of thinking about law is to consider the principal functions of it: to keep the peace, maintain the status quo, protect minorities against majorities and promote social justice. Different systems of laws can serve these purposes more or less effectively. For example, an authoritarian regime may keep the peace but oppress its citizens. A democracy may maintain the status quo but impose limits on individual freedoms.

Another aspect of law is the fact that it is not possible to prove that it exists or that it contains precepts of such-and-such import, because the shape and limitations of the physical world limit what humans can do or achieve. Therefore, the content of law must be a matter of choice. A common view of legal interpretation is called textualism. This approach, influenced by early 20th century movements like logical empiricism and American legal realism, holds that the meaning of a written text is contained within it.

Maritime Law

Maritime Law

maritime law

Maritime law covers a broad range of topics, including shipping; navigation; cargo and passenger transportation; shipbuilding; and marine insurance. The International Maritime Organization (IMO) is responsible for developing and updating the many existing international maritime conventions, while domestic laws and regulations govern registration, licensing, and inspection procedures; shipping contracts; and vessel ownership and operation.

Despite its largely insular nature, maritime law is an integral component of the global legal system. The success of any effort to deter or prosecute illicit activities in the world’s oceans requires a strong judicial and enforcement regime that is symbiotic with the international legal system and able to transcend political boundaries.

For example, admiralty courts generally have jurisdiction over vessels and their crews on the high seas or in navigable waters, regardless of whether they are flagged by a particular State. While this is an important limitation, it also means that incidents in which there is a general maritime commercial nexus may fall within admiralty jurisdiction, such as a collision between two pleasure boats or a fire on a cruise ship docked at a marina.

Similarly, the families of workers killed aboard ships covered by the Jones Act are eligible to file claims under maritime law for wrongful death damages. But to recover, they must prove that negligence or unseaworthiness on the part of a vessel owner or employer contributed to their loved one’s death. Passengers whose wrongful deaths occur on vessels outside of the three-mile territorial waters of the United States must also prove such negligence in order to recover damages under the Death on the High Seas Act.

What Is International Law?

What Is International Law?

international law

Traditionally, international law has focused on the agreements and norms governing relations between sovereign states during times of peace and war. Its scope has expanded over time, however, and now encompasses a wide variety of activities and actors, including corporations, non-state international organizations and even some individuals.

The legal status of international law, as defined in the Charter of the United Nations, is that it is binding on all states that have agreed to be bound by it (Article 33). International treaties, custom and state practice, and judicial decisions are the primary sources of international law. In addition, general principles that are common to systems of national law may also be considered international law.

A country that agrees to be bound by an international treaty does so voluntarily. Other countries can put political or economic pressure on a state to sign, but cannot force it. When a treaty is breached, the consequences are typically settlement by peaceful means rather than armed conflict.

In general, a state’s international legal obligations can be enforced only by other states that have agreed to be bound by it, and by the courts of those states. The Charter of the United Nations calls for a system of peaceful settlement of disputes, which is supervised by the International Court of Justice. This body was founded in 1946. Its role is to assist in the progressive development and codification of international law, and to settle disputes by arbitration and judicial means when disputes arise.

A Guide to Law Research

A Guide to Law Research

guide to law

Law is a vast field. While it may not be possible for any one person to understand all aspects of law, it is crucial that every person know the basics and how they can get help when needed. Legal experts advise people to seek advice from professionals when faced with issues like criminal cases, family disputes and intellectual property matters among others.

The purpose of this guide is to provide an introduction to the various kinds of resources available for conducting legal research on New York state and federal law. It also includes tips on how to use specific databases that can be difficult to navigate, as well as a list of sites for finding information about New York courts.

In the course of this research, particular emphasis has been placed on locating sources for the full text of laws and regulations, court decisions, and commentary from lawyers writing primarily for other lawyers. However, resources that are useful for non-lawyers (such as those containing plain English definitions of legal terms) and those intended for the general public have also been included.

If you have suggestions for additional online resources or helpful hints to share with others, please send them via the Ask a Librarian form. For further information on doing legal research, consult the American Association of Law Libraries’ Guiding Principles for Public Access to Legal Information On Government Websites or the Black’s Law Dictionary Free Online Legal Dictionary 2nd Ed.

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