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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But this judge-made law applies only in EU countries.
O surgimento da ideia do judge-made law envolve, basicamente, o debate existente sobre as teorias declaratoria e constitutiva da jurisdicao.
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. Physician-assisted suicide is an issue for legislators to decide, not the courts, Judge Goldsmith said.
14 ruling, San Francisco Superior Court Judge Ernest Goldsmith ruled that granting the plaintiffs' petition would essentially create a judge-made law. Physician-assisted suicide is an issue for legislators to decide, not the courts, Judge Goldsmith said.
(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.
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. Yet, "most appeals to federal courts can be decided satisfactorily by straightforward application of known and definite law to the facts of the case, and because most trial judges and intermediate appellate judges take seriously their role as modest law appliers ...
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.