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Understanding Judge Made Laws: The Role of Judicial Precedents
Definition & Meaning
Judge made laws, also known as case law, refer to legal principles established through judicial decisions rather than through legislative statutes. These laws arise when judges interpret existing laws and create new legal precedents. The doctrine of "stare decisis," which means to stand by what has been decided, plays a crucial role in this process, as it encourages courts to follow established precedents in future cases.
Table of content
Legal Use & context
Judge made laws are prevalent in various areas of law, including:
Civil law
Criminal law
Family law
These laws are often used in legal practice to resolve disputes and guide judicial decisions. Users may find that utilizing legal templates from US Legal Forms can help them navigate situations where judge made laws are applicable, allowing them to manage certain legal processes independently.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: In a case involving negligence, a judge may interpret the duty of care established in previous rulings to create a new standard for future cases. This interpretation becomes a part of judge made law.
Example 2: A judge ruling on a family law matter might set a precedent regarding child custody arrangements based on the specifics of a case, influencing future custody decisions. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Judge Made Law Variations
California
Extensive reliance on case law for torts and contracts.
Texas
Judicial decisions often shape property law significantly.
New York
Case law plays a critical role in family law matters.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Statutory Law
Laws enacted by a legislative body.
Judge made laws arise from court decisions, while statutory laws are created through legislation.
Common Law
Law derived from judicial decisions and precedents.
Judge made laws are a subset of common law, focused specifically on judicial interpretations.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where judge made laws are relevant, consider the following steps:
Research relevant case law that may impact your situation.
Utilize legal templates from US Legal Forms to assist in drafting necessary documents.
If your case is complex, consult a legal professional for tailored advice.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.