Direct quote: Does a judge make law? No the government makes the laws of the land, a Judge makes a 'judgement' as to who has broken the law and then decides on the punishment to be handed down. Read more: http://wiki.answers.com/Q/Does_a_judge_make_law#ixzz1DJYbByEe ...and from Wikipedia: In common law legal systems, a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body may utilize when deciding subsequent cases with similar issues or facts. No, a precedent or authority is not a law. Judges don't make laws, they set precedent and rules that are followed in the decision making of how to apply the law, interpret the law...but no matter how many times you try to say it, it is factually incorrect to say that judges and courts make law...they don't. I am sorry you don't understand the subtle distinctions between laws and the rulings and opinions of courts...but black and white fundamentalist rigid dogmatic constructionists often have problem with the real world of the legal process...which would explain their rampant emotionalism when discussing these issues..
You do not understand how the law works. Judges and juries can both be triers of fact. those decisions are not precedent. But judges also make law. When strict liablity law was first made for tort feasors.... There was no statute. The court just decided that if a plantiff gets injured by a wooden wheel, a plaintiff does not have to show the wheel was negligently made. Then they said that when someone loses an eye from an exploding coke bottle a plaintiff does not have to show the bottle was negiligently made. Strictly liability was mostly judge made law, until states started to codify it.
So you understand how the law works, and yet you are in disagreement with a Supreme Court Justice of the United States who says courts and judges don't make laws, as well as in disagreement with on line law dictionaries, and other sources easily found on the internet. Do you see what your problem is yet?
He is weighing in...the only way he knows how. Have compassion for the mental midgets, it is not their fault they always come up short...
Says the guy who admits he works at McDonalds, can't get laid except with fat chicks, doesn't know dick about sports betting and makes all liberals look like imbeciles with every post.
Do tell us about your intellectual prowess, won't you TrollZZZzzzzz? <iframe title="YouTube video player" width="480" height="390" src="http://www.youtube.com/embed/bK-Dqj4fHmM" frameborder="0" allowfullscreen></iframe>
How about one of you self proclaimed liberal geniuses address this unanswered question. http://www.elitetrader.com/vb/showthread.php?s=&postid=3084498#post3084498