Discovery Of Law Flashcards
1
Q
Functions of Judges
A
Ability to adopt legal norms
Offer explanations, notions to compliment decision
2
Q
Judges vs Legislators
A
cmx
3
Q
Should a judge be given authority to perform discovery of law
A
Yea
4
Q
Methods of Legal Science to Determine Intent of Lawmakers
A
Plain meaning Historical Systematic Sociological Official / authentic
5
Q
Rechtscinding or Law Finding
A
Basis: art 5 (1) law no 68/2009 regarding power of the judiciary
Judges may:
Find
Make
Determine which law applies