Judges do also make new law even where existing statutes and precedents don't give an answer to follow. As one of many examples, California's courts invented ou

Judges do also make new law even where existing statutes and precedents don't give an answer to follow. As one of many examples, California's courts invented our current idea about strict product liability for manufacturers. Statutes came second. This is part of our longstanding common law tradition, going back far beyond the prominence of statutes.