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Technically, the courts do not make laws (in the United States), although they do establish something called common law when ever a judge publishes a decision. Every time a judge publishes an opinion he or she is setting a precedent that other judges within the same jurisdiction will be expected to follow (though there is no requirement that is be followed unless a higher court has established a ruling and even then, on occasion, the lower courts will still present a different ruling) but the actual creation of law is left to legislative bodies of the various states and Congress.

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Pamela Ferry

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3y ago

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Technically, the courts do not make laws (in the United States), although they do establish something called common law when ever a judge publishes a decision. Every time a judge publishes an opinion he or she is setting a precedent that other judges within the same jurisdiction will be expected to follow (though there is no requirement that is be followed unless a higher court has established a ruling and even then, on occasion, the lower courts will still present a different ruling) but the actual creation of law is left to legislative bodies of the various states and Congress.

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Wiki User

14y ago
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The courts do not make the laws. They uphold the Constitution and ensure that the law is following it. The courts can declare a law unconstitutional which would block the law.

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Wiki User

10y ago
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Q: How do courts make the law?
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