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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.
What else can I help you with?
What kind of laws arose from judges' decision?
The common law
What special group of judges presides over cases arising out of government agency decision?
Administrative-law judges.
Case law refers to?
Case law refers to common law. It is a law that is made by judges through the decision of the court.
How do judges make their decisions?
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.
The common law of the past that is based on a decision made by judges is called?
Law that is formed by a serious of prior court decisions is known as common law or case law.
Can judges overrule a jury's decision?
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.
What a precedent is and how it relates to interpreting law?
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.
What do appellate judges look for when they review a case?
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.
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.
What does it mean to interpret the law and how does this process impact legal decision-making?
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.
Does the term common law mean ordinary law?
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.
Should judges have the power to look beyound the letter of the written law?
Yes, judges should have the power to look beyond the letter of the written law in certain circumstances to ensure that justice is served. This allows them to consider the intent of the law, the context of the case, and the impact of their decision on society. However, this power should be exercised judiciously and in line with legal principles.
