A law made by the Judiciary is known asa)Ordinary lawb)Case lawc)Rule ...
Answer:
The correct answer is B: Case law.
Explanation:
Case law refers to the body of law that is derived from judicial decisions of courts, rather than statutes or regulations. When a court makes a ruling on a case, it sets a precedent that becomes binding on future cases with similar facts and legal issues. Here is a detailed explanation of the different options:
- Ordinary law: Ordinary law refers to laws that are enacted by legislative bodies, such as Congress or state legislatures. These laws are typically codified in statutes and regulations.
- Case law: Case law, also known as common law or judge-made law, is derived from the decisions of courts. It is based on the principle of stare decisis, which means "to stand by things decided." This principle ensures consistency and predictability in the legal system.
- Rule of law: The rule of law is a fundamental principle that states that everyone is subject to the law, including government officials. It ensures that laws are applied equally and fairly to all individuals and that no one is above the law.
- Administrative law: Administrative law refers to the body of law that governs the actions and decision-making of administrative agencies. It includes regulations, rules, and decisions made by these agencies.
In summary, case law is the correct answer as it refers to laws made by the judiciary through the decisions of courts.
A law made by the Judiciary is known asa)Ordinary lawb)Case lawc)Rule ...
Introduction:
A law made by the judiciary is known as case law. It is an important aspect of the legal system, particularly in common law countries like the United States, the United Kingdom, and Canada. Case law refers to the body of law that is derived from judicial decisions made by courts when interpreting and applying the law to specific cases.
Explanation:
1. Case Law:
Case law, also known as common law or judge-made law, is a law that is developed through the decisions of judges in various courts. When a dispute is brought before a court, the judge examines the relevant laws and legal principles and applies them to the facts of the case. The judge's decision becomes a precedent, which serves as a guide for future similar cases.
2. Role of the Judiciary:
The judiciary plays a crucial role in the development of case law. When a judge decides a case, they interpret and apply the existing laws to the specific circumstances. In doing so, they may clarify or expand upon the meaning and scope of the law. These judicial decisions become binding precedents, which lower courts are obligated to follow in similar cases.
3. Importance of Case Law:
Case law is an important source of law because it helps to fill in the gaps left by legislation. In many instances, legislation may provide general guidelines, but it is the judiciary's interpretation and application of the law that determines how it is implemented in practice. Case law also helps to ensure consistency and fairness in the legal system.
4. Distinction from Other Types of Laws:
- Ordinary Law: Ordinary laws are statutes or legislation enacted by the legislative branch of the government. They are created through the legislative process and are distinct from case law.
- Rule of Law: The rule of law refers to the principle that all individuals and institutions are subject to the law and must abide by it. It is a fundamental concept in legal systems but is not a specific type of law.
- Administrative Law: Administrative law is a branch of law that governs the activities of administrative agencies of the government. It regulates the relationship between individuals and the government, including issues such as licensing, permits, and regulatory compliance.
Conclusion:
In summary, a law made by the judiciary is known as case law. It is derived from the decisions of judges when interpreting and applying the law to specific cases. Case law is an essential part of the legal system as it helps to clarify and expand upon legislative provisions, ensures consistency, and guides future judicial decisions.
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