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lmm
4y ago
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Judges fill out the details of law that aren't in the statutes, but they're not meant to create substitute statutes from whole cloth.
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xxpor
4y ago
Sure they are. Michigan still has no murder statute. (There's a penalty statute, but the actual definition is common law).
lmm
OP
4y ago
There is non-statute common law from time immemorial, sure, but later law is supposed to be grounded in the stautes.
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