How do judges Make Law?
If a judge decides a case for which there is no applicable law, their decision becomes law. Another person with a similar case will cite the prior case, and this will influence the judge in his case. These case decisions have the same force as law, since they are enforcable in court. Thus, they are law.
they don't they interpret law, the legislature makes law
The judges say whatever they want, and whatever they say becomes law. That's what makes judges cool. THEY MAKE LAW!
Judges do not make laws. They are judges of laws that are already made. They can look at a law and determine in their opinion if it's unconstiutional or not. Congress makes laws. Judges settle disputes and decide if a law is valid.
Judges don't make law. Some construe the fact that they can declare laws void as making law, but it's just checking that the laws are constituionally valid.
Judges only make what is known as common law. These are laws based on decisions handed down since the beginning of our legal system. There have been many modifications over the years. The rest of our laws come from Congressional statutes, which they enact. Judges are supposed to merely interpret these, not legislate.
Judges do not make law, it has been the practice of conservatives to say that they make law whenever a judgment goes against them. It is their way of whining. Something that they accuse liberals of doing, but they invented the practice of whining during the Clinton Administrating.
It's not much of a law as it is commands and precedence.
Judges do not make law. Some however, interpret the law to mean what they want it to mean and not what the legislative branch actually meant when they wrote it. That is where the term "Legislating from the bench" came from.
Judges decide cases. Appellate and supreme courts decide if the law as applied by the trial court judges is correct. Legislatures often do not want to decide an issue, so they leave it for people to sue and let the courts decide. When a higher court decides a case, it sometimes has to decide a legal issue that is not clear. It has to decide. The legislators can duck and whine. The courts cannot.
Judges do not make laws. Constitutionally speaking only Congress can make laws. In practice though Congress frequently ducks it's responsibility (and political heat) by dumping interpretation of their laws atop regulatory agencies whose work frequently ends up and the courts. When election time arrives these Congressmen all point to the Courts and say, "They did it, not me. We need new Judges." As long as the Congressmen stay within the same constitional framework that guides the courts, they are welcome to override these controversial judicial interpetations with a new law. Few do.
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