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Business Law 12th Edition by Roger LeRoy Miller ,Frank Cross
Edition 12ISBN: 978-1111530594Business Law 12th Edition by Roger LeRoy Miller ,Frank Cross
Edition 12ISBN: 978-1111530594 Exercise 1
Schools of Judicial Thought "The judge's role is not to make the law but to uphold and apply the law." Do you agree or disagree with this statement? Discuss fully the reasons for your answer.
Explanation
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Schools of judicial thought:
One can both agree and disagree with this statement. First, courts interpret statutes that cover many areas of law. Many statutes essentially codify existing common law rules; regulations from administrative agencies often rely on common law as well.
Furthermore, judges can interpret statutes differently in their application to the statute at hand.
On the other hand, there are areas of law not covered by statutes and administrative agencies. In these cases, common law governs these areas and judges follow and interpret precedent. In some cases, they can overrule existing precedent and create new precedent.
For instance, a statute may require that all biker wear helmets, but does not specify if it has to be a hard helmet or can be a soft helmet. One judge may construe the statute as requiring a hard helmet, while another may argue that because it is not specified, a biker can wear a soft helmet instead.
In helmet hypothetical, neither judge is making a new statute; they are both offering different interpretations of the statute.
In conclusion, a judge's function is not to make the law, but to interpret and apply them. Co
One can both agree and disagree with this statement. First, courts interpret statutes that cover many areas of law. Many statutes essentially codify existing common law rules; regulations from administrative agencies often rely on common law as well.
Furthermore, judges can interpret statutes differently in their application to the statute at hand.
On the other hand, there are areas of law not covered by statutes and administrative agencies. In these cases, common law governs these areas and judges follow and interpret precedent. In some cases, they can overrule existing precedent and create new precedent.
For instance, a statute may require that all biker wear helmets, but does not specify if it has to be a hard helmet or can be a soft helmet. One judge may construe the statute as requiring a hard helmet, while another may argue that because it is not specified, a biker can wear a soft helmet instead.
In helmet hypothetical, neither judge is making a new statute; they are both offering different interpretations of the statute.
In conclusion, a judge's function is not to make the law, but to interpret and apply them. Co
Business Law 12th Edition by Roger LeRoy Miller ,Frank Cross
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