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United States Law and the Power of the Court

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Do Judges in the United States have the power to change the law or create new laws by deciding specific disputes that are brought before them?

A party to a binding arbitration who dislikes the result has the right to appeal the decision to an intermediate court of appeals. (True or False)

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This solution explains whether or not judges in the United States have the power to change the law or create new laws by deciding specific disputes that are brought before them. It also explains if a party to a binding arbitration who dislikes the result has the right to appeal the decision to an intermediate court of appeals.

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Please refer to file response attached, which is also presented below. Good luck with your studies and take care.

1. Do Judges in the United States have the power to change the law or create new laws by deciding specific disputes that are brought before them?

Judges, per se, do not have the power to change the law, but their decisions and court rulings often set a precedence that has the power to change the law or create new laws. Judges, as everybody knows, have a very special place in the legal system in common law countries. Much of the law in common-law systems is judge-made. This means that there is an important body of rules, doctrines, practices, which developed over time, through case-law, and which cannot be tied to any statutory text. The bulk of the law of contracts and torts, and a good deal of the law of property developed in this way. The common law mentality extends even to those fields that do have a text (which, today, is most of them). To a common law lawyer, a statute hardly means anything until it goes through its baptism of fire-- getting construed by courts. Some statutes are ...

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