judge-made law

judge-made law

Legal decisions by appellate courts that are binding on all future generations unless overruled by a later appellate court, but which are directly contradictory to specific statutes or earlier case authority. This happens rather often in real estate law, much of which arose out of peculiarities of life in the Middle Ages and before.When faced with a situation that would result in a seemingly unfair conclusion under applicable principles of law,the judges sometimes simply change the law.

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The proclamation led to the creation of the King's Bench, and the King's Chancellor from whose official work emanated the writ system, jurisprudence as judge-made law, and the concept of justice based on equity.
Even then we would have some difficulty with statute, which Dr Swain solves in the not uncommon way of letting it simply 'intervene', sometimes opportunely, sometimes inadequately, but rarely worth analysing for its influences, precursors and progenitors in the way judge-made law is thought to be.
14 ruling, San Francisco Superior Court Judge Ernest Goldsmith ruled that granting the plaintiffs' petition would create a judge-made law.
2) But an overlooked yet fundamental problem with the FISA courts' work is that judge-made law can be generated only through stare decisis, (3) a doctrine that we argue is not justified when applied to secret opinions of the type the FISA courts produce.
Examples of clearly judge-made law can be offered to counter the
For present purposes I am using the expression 'common law' to refer to judge-made law emerging from the deciding of cases, which constitutes, along
Posner leaves no doubt that much law is judge-made law.
But, changes to the composition of the Supreme Court of Canada and an inclination to overturn precedent can lead to rapid and dramatic change to judge-made law.
There is also special attention to the relationship between judge-made law and legislation.
The big problem with the Foreign Intelligence Surveillance Court is the creation of secret judge-made law that is capable of reinterpreting anything that Congress passes in order to make it acceptable for the NSA to engage in bulk collection activity," he stressed.
or implements the Constitution--a kind of judge-made law that has been
Primero: "El papel de la jurisprudencia en la lucha contra la discriminacion en el empleo"/"The role of judge-made law in combatting employment discrimination"