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Yes, in a manner of speaking. In the US and in England (as well as in some other countries) we follow the common law model of legal system. Under the common law, if there is no statute on point, we follow case law. Basically, following case law means the court we are in front of now does the same thing that the other courts have done before it. If the legislature has never taken up an issue, the courts must continue to follow the precedent set by other courts. Essentially, the law to be followed is the law created by other courts.
This is loosely described as the court interpreting the law, but it is more complicated than that.
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∙ 13y ago
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What does it mean by judge-made law?
When judges interpret laws, they can decide the constitutionality or legal challenges to it and in some cases their rulings can alter the intent of the law completely. That would be a judge-made law.
What is the difference between judicial decision and laws?
Laws are enacted by the legislature and judicial decisions are made by judges.
What are laws that require judges to impose certain sentences in certain situations?
They are referred to a Mandatory Sentencing Laws. The state legislatures of various states have passed certain laws in which the law itself states what the exact penalty will be if the defendant is convicted. Judges have no sentencing discretion in these cases at all.
When do judges get the opportunity to make new laws?
Judges don't make laws, governments legislatures do.
What does reading have to do with being a lawyer?
Being an attorney means knowing what the laws are and how they have been applied. You need to be able to read the laws, and the court cases where judges have interpreted the law. You will do a LOT of reading.
Do judges have the right to change the law?
Judges do not have the right to change the law. Although a new rule could be made from a different interpretation of already-existing laws, the judge cannot change pre-existing laws.
Who evaluates the laws made by congress?
The judicial branch evaluates the laws made by Congress; judges are able to declare laws unconstitutional. The president, as the head of the executive branch, has the power to evaluate and possibly veto laws.
Functions of Supreme Court?
The Supreme Court is responsible for signing off on laws made by Congress. It is also responsible for making sure the Constitution is being upheld.
How are laws made in state?
Laws at state level can be made a couple of ways... Statutory law can be made in much the same way the federal parliament would, both houses would pass a bill and the governor would then sign it into law. Case law is made through judges hearing cases before the court and issuing decisions, which builds up a database or sort of precedent.
Do judges decide cases on the basis of what they personally think is right?
Sometimes they use their discretion if the laws are not clear or the lines between right and wrong are blurry.
Federal judges are appointed for what?
What are federal judges appointed for?
Why was the draconian code of law important?
It made laws public and required judges to apply the law equally.
