Direct quote:
Does a judge make law?
No the government makes the laws of the land, a Judge makes a 'judgement' as to who has broken the law and then decides on the punishment to be handed down.
Read more: http://wiki.answers.com/Q/Does_a_judge_make_law#ixzz1DJYbByEe
...and from Wikipedia:
In common law legal systems, a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body may utilize when deciding subsequent cases with similar issues or facts.
No, a precedent or authority is not a law.
Judges don't make laws, they set precedent and rules that are followed in the decision making of how to apply the law, interpret the law...but no matter how many times you try to say it, it is factually incorrect to say that judges and courts make law...they don't.
I am sorry you don't understand the subtle distinctions between laws and the rulings and opinions of courts...but black and white fundamentalist rigid dogmatic constructionists often have problem with the real world of the legal process...which would explain their rampant emotionalism when discussing these issues..
Does a judge make law?
No the government makes the laws of the land, a Judge makes a 'judgement' as to who has broken the law and then decides on the punishment to be handed down.
Read more: http://wiki.answers.com/Q/Does_a_judge_make_law#ixzz1DJYbByEe
...and from Wikipedia:
In common law legal systems, a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body may utilize when deciding subsequent cases with similar issues or facts.
No, a precedent or authority is not a law.
Judges don't make laws, they set precedent and rules that are followed in the decision making of how to apply the law, interpret the law...but no matter how many times you try to say it, it is factually incorrect to say that judges and courts make law...they don't.
I am sorry you don't understand the subtle distinctions between laws and the rulings and opinions of courts...but black and white fundamentalist rigid dogmatic constructionists often have problem with the real world of the legal process...which would explain their rampant emotionalism when discussing these issues..
Quote from jem:
I clicked on your link. This is what it says.
Common Law is made by judges particularly in areas of torts and contracts.
Marbury vs. Madison is a famous case in which the U.S. Supreme Court decided that it had a right to review and strike down laws made by Congress even though nothing in the U.S. Constitution gave the court that power.
Jury decisions do not set legal precedent.
Read more: http://wiki.answers.com/Q/Can_common_law_be_made_by_judges#ixzz1DJW2PVGZ