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How do judges make law?

Updated: 4/29/2024
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12y ago

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How do judges make law?

Whenever, any issue or controversy based on facts is involved, the judiciary ascertains the factual factors and decides the legality, validity and propriety of the actions keeping in mind the procedural and adjective law. The judiciary records its findings on each issue based on the evidence on record. While, basing its findings, the judges would also apply the existing procedural and adjective laws and render judicial justice between the parties.

The judgments propounded either by the High Court, or by the Supreme Court under its Constitutional authority becomes the law of the land, which is recognized as the precedent. Thus, whenever, similar or identical issue arises, it is often said that case is covered, or governed by the law decided on the issue. The judgment propounded either by the High Court, or by the supreme Court has got precedentiary value, and therefore, binds all, Such precedent has to be followed by the subordinate courts.

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12y ago
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6d ago

Judges do not make laws; they interpret and apply existing laws to individual cases. Their decisions set legal precedent, which guides future rulings. The role of judges is to ensure that laws are correctly interpreted and applied, not to create new laws.

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9y ago

In a branch system with separation of powers and checks and balances amongst them such as the United States, judges cannot legislate laws. However, they have the authority to strike down laws and make injunctions, especially those with Constitutional implications. Precedents based on Supreme Court decisions also guide future laws giving law makers indications on what will pass Constitutional muster. Roe v. Wade is a classic case example of courts striking down laws and creating precedent.

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What are the different types of judges and how much money do they make?

There are various types of judges, including federal judges, state judges, administrative law judges, and magistrate judges. The salary of judges can vary depending on their jurisdiction, level of experience, and the type of court they preside over. Federal judges in the United States typically earn between $200,000 to $300,000 per year, while state judges may earn anywhere from $30,000 to over $200,000 annually. Administrative law judges and magistrate judges usually earn salaries in a similar range to state judges.


What does the word judges mean?

"Judges" refers to individuals who have the authority to make decisions in a court of law, typically based on the interpretation of the law and evidence presented. They are responsible for ensuring that legal proceedings are conducted fairly and according to established principles of justice.


What is sentence for judges?

Judges preside over court cases, weigh evidence, and make legal decisions based on the law.


What are The rules of law developed by judges called?

The rules of law developed by judges are called common law. Common law is derived from judicial decisions and precedent rather than statutes or regulations.


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.

Related questions

Do judges make policy?

No. They make decisions and some decisions are used to change law.


Do jugdes make law?

laws are created by the government judges enforce law and have the jusy and lawyers convine them on how


What is the meaning of the notion that judges should not make the law but uphold it?

Judges are meant to interpret what they think the law(s) mean, and follow the means of law in court form their interpretation but they aren't meant to make laws to fit their ruling or make laws at all( that's legislative).


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.


Who give judges authority to make law?

Judges are responsible ONLY for interpreting and then administrating the law. Police are responsible for upholding the law. The Legislative Branch of Government makes law and the Supreme Court makes sure that the laws that have been written are constitutional.


Should judges allowed to make case law without dispute occurring?

It's not possible to make case law without a case in dispute.


When judges make laws they?

Judges do not make law, they set precedent. The Legislature forms and passes statutes. Once someone is taken to court in violation of a statute, the Judge interpret the law and sets precedent for how the law should be interpreted in the future by equal courts within that district.


Can a judge make a law?

Judges are not supposed to make laws. Their duty is simple. They have to simply interpret the law. Nothing more than that. However, nowadays, the judges have attempted to make the law under the guise of "judicial activism". It is not appropriate for them. They forget that they encroach upon the field not occupied by them. Sometimes, they speak to much in their judgments.


The discretionary power of judges is less than that of elected officials because judges?

Must make decisions that can be justified in terms of existing provisions of the law.


Do civil law judges to make law?

No, laws are enacted by a government/legislature. However if the laws are not worded clearly the judiciary can and do interpret them at trials and this becomes case law. Sometimes case law can appear significantly different to what was originally enacted.


What are the different types of judges and how much money do they make?

There are various types of judges, including federal judges, state judges, administrative law judges, and magistrate judges. The salary of judges can vary depending on their jurisdiction, level of experience, and the type of court they preside over. Federal judges in the United States typically earn between $200,000 to $300,000 per year, while state judges may earn anywhere from $30,000 to over $200,000 annually. Administrative law judges and magistrate judges usually earn salaries in a similar range to state judges.


What does the word judges mean?

"Judges" refers to individuals who have the authority to make decisions in a court of law, typically based on the interpretation of the law and evidence presented. They are responsible for ensuring that legal proceedings are conducted fairly and according to established principles of justice.