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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.
What else can I help you with?
What cases are tried in federal court and how do they differ from cases tried in state court?
Cases involving federal laws, the U.S. Constitution, or disputes between states are tried in federal court. Federal court cases differ from state court cases in that they involve federal laws and are heard by judges appointed by the President, while state court cases involve state laws and are heard by judges appointed by state governments.
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.
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.
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.
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.
Prior are cases who's principles are used by judges to decide current cases are called?
Precedent cases are those whose principles are used by judges to decide current cases. Judges rely on the decisions and reasoning of prior cases to guide their judgment in similar situations.
In the words of Justice Felix Frankfurter what does legislatures make law whoe sales judges retail mean?
This quote emphasizes the distinction between the roles of legislatures and judges in the legal system. Legislatures create general laws that apply broadly to society, while judges interpret and apply those laws to specific cases, like a retail store selling goods to individuals. It underscores the idea that judges should not create new laws, but rather interpret and apply existing laws.
