A law cannot prevent a judge's decsion as the judge is sworn to abide by the law in accordance with the facts that are presented to them in court.
The judge, personally, may not care for the decision they are forced to render, but they must rule in accordance with the law as it is written, or risk having their decision overturned on appeal.
The common law
Administrative-law judges.
Case law refers to common law. It is a law that is made by judges through the decision of the court.
Judges make decision after hearing both the sides of the evidence, the document produced and the law of the land being enforced in that particular state.
Law that is formed by a serious of prior court decisions is known as common law or case law.
Yes, judges have the authority to overrule a jury's decision in certain circumstances, such as when the judge believes the jury's decision is not supported by the evidence presented in the case.
Precedent, in legal terms, is the decision of judges in similar court cases to yours. If there is a previous case that is similar with a decision, the judge must follow the precedent unless the facts are distinguishable.
Generally Appellate Judges are not looking for anything when they review a case. An appeal lawyer has presented his reasons why the appellate court should grant relief for his client. He lists the reasons on his brief. It refers to specific lines on transcript and to relevant case law. The judges read his brief. The opponent's attorney (prosecutor if criminal or plaintiff if civil) may enter his brief and explains why the other lawyer is wrong. The Appellate Judges examine the arguments and make their decision. (A lot of the work is done by law clerks just out of law school. They check the legal references in the law library or on line. Then they bring the relevant ones to the judges with their suggested decisions. The Judges read the clerks conclusions but make their own decisions.
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.
Interpreting the law involves analyzing and understanding the meaning and intent of legal statutes and precedents. This process impacts legal decision-making by guiding judges and legal professionals in applying the law to specific cases, ensuring consistency and fairness in the legal system.
Yea buddyCommon law arises from case law made by the judiacry often, it is not recorded by statute as normal laws are, but has arisen as judges have made a decision, and this has then been followed as legal precedent. For example the law regarding murder in the United Kingdom is "common law" as much of it has no definition in statutes."Ordinary law" is passed through the legislature, and recorded in statute, then applied by the judges later, and as such has a separate origin.
The judge closed the case.