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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?

To: kumar who wrote (408028)	1/31/2011 7:11:19 PM
From: D. Long	Read Replies (1) \| Respond to of 794015

Because the US courts are common law courts, not civil law courts. The judge is empowered, in a limited sense, to "make law" by applying the law to novel facts, thus expanding the specificity of law in a way that did not exist before. en.wikipedia.org Civil law systems presume that the Code encompasses all factual situations and the court is permitted, in theory, only to apply law, not to interpret law by application to new facts before the court. As you can imagine, this civil law presumption is a fiction because no legislature can anticipate all possible facts.