How was the judicial branch created?

Answer 1

Please note this answer refers to US law

Law is not created by the Judicial branch, although some will claim that it is. The judicial branch rules on issues of law, and can make statements of common law (historical law not presented in statute law).

Answer 2

The federal and state governments are divided into three parts, article 1- legislative, article 2- executive, and article 3- judicial. The judicial branch is an especially important branch that fulfills many functions.

Paragraph I. Formation on Judicial Branch. In 1787, article III of the Constitution created the Judicial Branch of government, which is represented by the Supreme Court. Congress was granted the significant discretion to determine the shape and structure of the federal judiciary. The Constitution also grants Congress the power to establish courts inferior to the Supreme Court. Judges and justices of the Supreme Court are appointedby the president with the approval of congress and serve no fixed term - they serve until their death, retirement, or conviction by the Senate.

Answer 3

The Judicial Branch does NOT make laws. That is the responsibility of the Legislative Branch.

However, in ruling on the interpretation of existing laws, the Judicial Branch may appear to be creating additional (new) responsibilities that the Executive Branch must adhere to. Certain folks call this "legislating from the bench", but that is overtly pejorative.

Answer 4

This would be Common Law. Also called Case Law or precedent, Common Law are general practices of the courts or decisions that have been handed down by the courts.

Generally when the the attorneys of the plaintiff and defendant disagree on what the law says, each looks to past cases to establish precedent. The precedent can be an interpretation of a law or a decision on how a law is to be interpreted. This is most commonly seen in case or civil laws.

For instance: Before 1987 in the state of Michigan, if a child was born to a married couple who were separated or in the process of a divorce, the mother automatically gained custody, and the father had no legal rights to the child other than what the courts decided if a petition was entered. If the mother was determined to be unfit, the child was sent immediately to foster care. Since 1987, with the custody decision regarding my daughter, this is not so automatic anymore, and in the event the mother is determined to be questionable or unfit, the father does automatically receive custody--provided his attorney cites the precedent to the judge.

Answer 5

A law created by a legislative is known as a statutory law. This was set forth by England.

Answer 6

Article III of the constitution creates the judical branch.

Answer 7

The US Constitution