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Case law is not decided, it is made. In cases where the law of the legislature is not drawn up in a clear enough manner, a judge (during a trial) has to decide what the legislature wanted to enact and the judge makes an interpretation in that case.
After that in similar cases, other courts and judges rely on that initial interpretation so that the courts all make similar determinations for ALL people. This is case law.....historic interpretations.
If the legislature thinks that a Judge's decision is wrong, the legislature has to remedy things by passing new, clearer laws. Such new laws would set aside any previous case law going forward.
What else can I help you with?
What source of law is established by judges in the court system?
Common law.
What is the definition of the common law?
Common Law Marriage simply means that the marriage was established without benefit of a license and ceremony.Common-law marriage, also known as non-ceremonial marriage.
Which English king established a body of common law?
Henry II
What is the definition of common law marriage?
Common Law Marriage simply means that the marriage was established without benefit of a license and ceremony.Common-law marriage, also known as non-ceremonial marriage.
How long does a common law marriage in Texas need to be established before it is legally recognized?
In Texas, a common law marriage needs to be established by living together as a couple and presenting yourselves as married for a period of at least two years for it to be legally recognized.
What was the English legal system that reflected the customs and principles established over time?
Common Law
Does Indiana recognize common law marriage.?
Indiana recognized common law marriages that had been established prior to January 1, 1958. After that date, Indiana does not recognize such unions. See link below for more information.
Are patents old?
Patents are well-established concepts, tracing their history to the common law of Great Britain
What is the name for an unwritten law?
The name for an unwritten law is "custom" or "common law," which is derived from customary practices or judicial decisions rather than written statutes. It is based on traditions, precedents, and established norms within a society.
What constitutes common law marriage in Texas?
In Texas, a common law marriage is established when a couple lives together as spouses, presents themselves as married to others, and agrees to be married without a formal ceremony.
Who established the law of multiple porportions?
Dalton established the Law of Multiple Porportions.
What constitutes a common law marriage in Texas?
In Texas, a common law marriage is established when a couple lives together as spouses, presents themselves as married, and agrees to be married without a formal ceremony or marriage license.
