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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

A lawyer reads a Supreme Court decision construing a benefit statute and proposes that a lower court add an entitlement that the statute, as authoritatively interpreted, does not grant. The sole argument is that Article 8 makes judicial decisions legislation, so any judge may create an additional benefit. Which is correct?

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Article 8 recognizes judicial interpretation; it does not authorize a lower court to disregard the statute and controlling interpretation to invent the claimed entitlement An agency circular always defeats the Supreme Court’s interpretation Article 8 grants every judge unrestricted lawmaking power Every requested benefit must be granted as equity

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