> ...and it is what's known as "judge made," e.g. it wasn't made by legislature, it was invented by the courts.

In fairness, this describes so much of US law, and is why you can't really understand much of the rules that apply to you without also understanding all of the cases in which those rules were applied in novel ways.

Is it good that things work like that here? I don't think so, but I haven't thought through all of the particulars of another system.