[denton-scratch]

The law exists; the judge didn't make it. But the law is expressed using loose terms that aren't closely-defined, so it falls to the judge to interpret the law within the circumstances of the case.

This case is an appeal; if a judge in an appeal case interprets the law in a particular way, that sets a precedent that should be followed by judges in lower courts, if the circumstances are similar. That's not "making law"; laws here are written to be interpreted by judges, because that's how it works.

[Y_Y]

This is called "case law" and is certainly in the English system considered to be "law".