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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).

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10y ago
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12y ago

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.

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13y ago

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.

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13y ago

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.

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15y ago

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

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13y ago

Article III of the constitution creates the judical branch.

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13y ago
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Q: How was the judicial branch created?
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Related questions

What is part of the role of the judicial branch?

The judicial branch is there to enforce the laws. They check to see if the laws that are created are constitutional.


What powers does the legislative and judicial branch share?

They do no share powers. The legislative branch creates laws. The judicial branch decides the constitutionality of the laws created by the legislative branch.


Why was the judicial breach created?

The judicial branch determines if laws are constitutional and the structure of courts.


Who created judicial branch?

Article III of the constitution.


What branch explains laws whenever there is a disagreement over them?

judicial branch


Why was the judicial branch created?

The Judicial branch is made up of the Supreme Court and Lower Federal Courts. The Judicial Branch hears cases that challenge or require interpretation of the legislation passed by Congress and signed by the President.


Is Article IV of the Constitution created the judicial branch of government?

no


What qualifications of the supreme court justice are?

leads the judicial branch


What branch decides cases between citizens of different states?

All levels of courts fall within the judicial branch.


The courts are a part of the branch.?

Judicial Branch


What branch has the power to declare an executive act unconstitutional?

The Judicial Branch had this power. The process in which this branch declare laws constitutional or unconstitutional is called the Judicial Review


Who created the judicial?

Article III of the constitution creates the judical branch.