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Legal Forums » Legal » What Is a Judge-Made Law?
Started Dec 04 2012, 15:56
Posts: 1473 |
Dec 04 2012, 15:56
A judge-made law could be a law nonmoving in an exceedingly judiciary call, not Associate in Nursing act of legislation created by lawmakers or a regulation created by a office with the legal authority to try to to therefore. The collective body of judge-made laws in an exceedingly nation is additionally referred to as case law. several nations enable judges to line legal precedents once creating supreme court selections, adding to the body of law in an exceedingly nation and providing new interpretation of existing laws.
Lower courts don't have the authority to create judge-made law. solely judges in operation in proceeding and different high courts area unit able to set legal precedents by either dynamical the means the courts interpret a law, or providing a brand new interpretation that expands Associate in Nursing existing law. Judges cannot invent laws out of whole cloth; they need to be able to give clear legal rationales for his or her selections, with supporting info within the style of selections in single cases.
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