If function of the courts is to interpret the law how do they become a source of the law discuss this statement?

already exists.

Would you like to merge this question into it?

already exists as an alternate of this question.

Would you like to make it the primary and merge this question into it?

exists and is an alternate of .

The courts determine what the law says when it was passed by the legislature. The wording may not be what the legislature intended. Then the court is stating a position and law enforcement and people will depend upon their interpretation of what it means. It is doubtful that the original writers and approvers of the Constitution intended for it to be against the law for there to be prayer in school. Or that the pledge of alligence would be banned from public schools.
They essentially make law when they have to interpret the meaning of the statute. Also, if there is no statute on the issue, they make law in equity.
2 people found this useful

What are sources of law?

There are five sources of law: 1) constitution 2) legislation 3) interpretation of legislation by the courts 4) common law and equity 5) precedents

What are the sources of law?

There are five sources of law: 1) constitution 2) legislation 3) interpretation of legislation by the courts 4) common law and equity 5) precedents

Who interprets the laws in the us?

Depending on the circumstances Judges and Lawyers are most frequently called upon to interpret the law in the United States. Judges do so as part of trials. Lawyers do so when seeking to advise their clients. Other specialists may interpret limited areas of the law under specific circumstances. For ( Full Answer )

Who has the power to interpret laws?

All courts have the power to interpret laws relevant to cases before them. The US Supreme Court is the ultimate authority on federal and constitutional law . Article III of the Constitution, which establishes the Judicial Branch, affords the Supreme Court the final authority to interpret laws, ( Full Answer )

Sources of Law?

In the United States there are several sources of law: United States Constitution United States Treaties Federal Case Law Federal Statutes State Case Law State Statutes The US Constitution and most statutes can be found online through the state or federal government. Some case law ( Full Answer )

What are the courts of law?

The courts of law are forums established by the Constitution tosettle disputes. A judge or jury decides the facts of the case andthe judge also governs the procedure according to the law.

When can a court interpret a law?

The courts interpret a law when the meaning, application, or constitutionality of a law is part of a case before the court. Appellate courts are more likely to be called upon to interpret laws than trial courts.

Living together how does the law interpret this?

Most states have laws in place to protect the rights of couples who have chosen to live together without getting married. These laws vary from state to state and deal with a variety of different scenarios. Many states do have laws that provide for couples who live together as if they were married ( Full Answer )

What is the court law?

A law court is any officially sanctioned courtroom. Court of Law is just a term for it.

Which is an interpretation a law or a theory?

They're both descriptions (or interpretations if you wish) of reality as we understand it. A theory relates to how we understand a thing, and a "law" just describes how something should react.

What happens when Congress and the Supreme Court disagree on the interpretation of a law?

If Congress disagrees on how the Court interprets a law, Congress amends the law to make the wording more clear on what Congress intends it to mean. The Supreme Court has the last say on the interpretation of a statute even if it knows Congress wants it interpreted a certain way. But once the statue ( Full Answer )

Can the US Supreme Court interpret federal laws?

Yes, if the law is relevant to a case before the Court. The Supreme Court is often called upon to interpret federal laws that are not written clearly or haven't anticipated a particular situation in which it may be used. The Court attempts to determine Congress' intent and decide how it should be ( Full Answer )

What part of government interprets the law?

The Judicial Branch , or the federal court system , interprets the law. The US Supreme Court , head of the Judicial Branch, is the ultimate authority on the interpretation of federal law and the constitutionality of any law.

Law is wIf function of the courts is to interpret the law how do they become a source of the law discuss this statement?

This answer applies only to common law countries. If someone with knowledge of civil law countries wants to add anything that would be awesome. Generally there are two main sources of law. There is statute law (legislation) which is made by the government; and then there is "common law", which trac ( Full Answer )

Where in the Constitution is the power to interpret the law?

The very simple answer to this question is Article III of the United States Constitution. All of the following information is great and accurate. It is considered to be the job of the legislative branch to create the laws, the job of the executive branch to carry out the laws, and the job of the j ( Full Answer )

If no more people were to be born the law of Population growth would strongly resemble the radioactive decay law Discuss this statement?

I don't think you can say that. Radioactive decay is an inverse exponential process, where the number of disintegrations per unit of time is a function of the amount of material present. We measure this in half-lives, with half of the remaining material removed after each half life. (1/2, 1/4, 1/8, ( Full Answer )

What is source of law?

The source of "common law" is previous Court decisions. It is often called judge made law Criminal law can contain court made law and government legislation Some laws are legislated, these may formalize common law, cover technical issues, and cover abstract issues.

Discuss custom as a source of law?

Custom is a key source of law. A lot of laws start simply ascustoms. As time goes on and the custom becomes more accepted andpart of society, law makers may then codify that custom into law.

Is a court decision a source of law?

Yes it can be. This is called CASE LAW. And this is when a case comes in that perhaps there are laws for indirectly. When a judge makes a ruling on the case then this is called CASE LAW and future judges will likely follow this ruling for similar cases.

Discuss the primary sources of Islamic law?

Islamic law is based upon four main sources: . The Quran: Muslims believe the Quran to be the direct words of Allah, as revealed to and transmitted by the Prophet Muhammad. All sources of Islamic law must be in essential agreement with the Quran, the most fundamental source of Islamic kno ( Full Answer )

How does the US Supreme Court interpret laws?

The US Supreme Court justices interpret the Constitution to determine whether federal laws are in compliance, or legal. If not, the federal law becomes null and void and is unenforceable. They may also interpret a written law to determine whether it is too vague or over-broad to be applied, and m ( Full Answer )

In a court of law what happen if theres no witness statements?

depends on your case, if u r claiming that someone has done damage to your property and even though there is evidence of damage but did not see the person in actual action, then it's your word against theirs. if someone claims you hurt them and there is no evidence of trauma/ any physical evidence o ( Full Answer )

What federal court system is responsible for interpreting laws and punishing lawbreakers?

Article III (constitutional) federal courts , which comprise the Judicial Branch of the US government, handle criminal and civil cases of general jurisdiction . Punishment (sentencing) is the trial courts' responsibility. . US District Court (trial court) . US Court of Appeals Circuit Cou ( Full Answer )

Who makes interprets and enforce the law?

This is a basic civics question. The legislative branch enacts laws, courts interpret laws, the executive branch enforces the laws. Consult your U.S. Constitution, the constitution of your state for specifics regarding which specific law you are talking about (there are federal, state, and local (c ( Full Answer )

Which member of the US Supreme Court interprets the law?

All nine members of the US Supreme Court interpret the law, then they discuss their perspectives on individual cases in twice-weekly conferences. When the Court votes on how to dispose a case, the decision with the most votes (the majority) writes the official opinion of the Court. If the Chief Jus ( Full Answer )

Discuss the meaning and source of law?

Definition and meaning of law: Law could be defined from different perspective. These perspectives will be explained below; Briefly, law is a body of rules that regulates conducts of individual in the society and it is administered and enforced by constitutional authority, in other words, law is t ( Full Answer )

Discuss the relevant sources of Nigerian law?

With going really in-depth,some of the main sources of Nigerian law happens to be 1.Common law and Equity as handed down by the British who once colonised Nigeria.Most of the common law practises became entrenched in the Nigerian legal system as a result of British rule 2.Local Legislature:these a ( Full Answer )

Discuss equity as a source of law?

Courts in Britain sat either in law or in equity. Courts in the United States frequently have both types of status or power. Legal remedies are essentially monetary in nature. Equitable remedies ordinarily require action instead of money. For instance, an injunction or temporary restraining orde ( Full Answer )

Discuss the meaning and sources of law?

the word sources mean the development of which law become existing or the derivation of law. That is the meaning of the word sources of law.

Who do you challenge in the Supreme Court to make a law become a law?

There is no way to give a specific answer to your question. Formal, written laws are made by Congress or by state legislatures, and are called enacted laws . The US Supreme Court is not a legislative (law-making) body, but its decisions carry the rule of law. Judicial decisions may become commo ( Full Answer )

In the roman empire individuals who interpreted laws in court were called what?

During the period of the Roman Republic the praetors were chief justices. They presided over all trials for criminal cases. However, they did not preside over all civil cases. For these they could assign the trial to judges, in which case they prescribed the remedies for the case, should the judge r ( Full Answer )

Which court system is responsible for interpreting laws and determining their constitutionality?

Any state or federal court with jurisdiction over a case questioning the constitutionality of a law may declare a law unconstitutional; however, the Article III (constitutional) federal courts that comprise the Judicial Branch are most likely to try or review such cases. Constitutional chal ( Full Answer )

What were the two major functions of ancient Rome's court of law?

In Roman times there were poor ordinary citizens, ordinary citizens and wealthy and powerful citizens and the emperor who sat in the highest point of all ranks. This produced a court in which government officials and the imperial family competed with poets, astrologers, doctors, slaves, and actors f ( Full Answer )

What statutory law is the court interpreting in this case Tennessee v garner?

Tennessee v. Garner is a civil case involving law enforcementofficers pursuing an unarmed suspect and using deadly force toprevent escape. In 1985 the Supreme Court of the United States heldthat the law enforcement officer may not use deadly force toprevent escape unless "the officer has probable ca ( Full Answer )

Which government branch interprets our laws?

Type your answer here... I believe that the Executive Branch interprets our laws, and if not that than it is most likely our Legislative Branch but I know it is not the Judicial Branch

What roman interpreted the law as judges?

The people who acted as judges in ancient Rome were different from modern judges. Their system was different. During the Roman Republic (509-27 BC), the second highest ranking officers of state, the praetors were like chiefs justices. The praetors were not professional layers or judges. They were ( Full Answer )