overruling precedent

overruling precedent
The nullification of a prior decision as a precedent by a constitutionally valid statute or the rendition of a decision by the same court or by a higher ranking court which establishes a different rule on the point of law involved. 20 Am J2d Cts § 231.

Ballentine's law dictionary. . 1998.

Игры ⚽ Поможем сделать НИР

Look at other dictionaries:

  • Common law — For other uses, see Common law (disambiguation). Common law (also known as case law or precedent) is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action. A… …   Wikipedia

  • Stare decisis — (Anglo Latin pronunciation: /ˈstɛəri dɨˈsaɪsɨs]) is a legal principle by which judges are obliged to respect the precedents established by prior decisions. The words originate from the phrasing of the principle in the Latin maxim Stare decisis et …   Wikipedia

  • Antonin Scalia — Infobox Judge name = Antonin Gregory Scalia imagesize = caption = office = Associate Justice of the United States Supreme Court termstart = September 26 1986 termend = nominator = Ronald Reagan appointer = predecessor = William H. Rehnquist… …   Wikipedia

  • Re Spectrum Plus Ltd — Court House of Lords Full case name National Westminster Bank plc v Spectrum Plus Limited and others Citation(s) …   Wikipedia

  • Corporate personhood — refers to the question about which subset of rights that are afforded under the law to natural persons should also be afforded to corporations as legal persons. In Dartmouth College v. Woodward (1819), corporations were recognized as having the… …   Wikipedia

  • Clarence Thomas — Associate Justice of the Supreme Court of the United …   Wikipedia

  • National Westminster Bank plc v Spectrum Plus Limited — [2005] UKHL 41 was a UK company law decision of House of Lords which settled a number of outstanding legal issues relating to floating charges and recharacterisation risk under the English common law. However, the House of Lords also considered… …   Wikipedia

  • overrule — over·rule /ˌō vər rül/ vt 1: to rule against the objection was overruled compare sustain 2 a: to rule against upon review by virtue of a higher authority: set aside reverse …   Law dictionary

  • Citizens United v. Federal Election Commission — Supreme Court of the United States Argued March 24, 2009 …   Wikipedia

  • Case law — In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis.… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”