In Cooper v. Aaron (1958), the Supreme Court ruled that the state of Arkansas could not pass legislation undermining the Court's ruling in Brown v. Board of Education (1954)that racial segregation in public schools is unconstitutional. In establishing that the states were bound by its rulings, the Supreme Court affirmed that its interpretation of the Constitution was the "supreme law of the land."
Cooper v. Aaron
Precedent
it depends on how old the precedent is, how closely related is it to the case you are looking at and the difference between your precedent and crown/defense lawyer's precedent
Precedent
The precedent of the case above was concerning affirmative action. The case involved Brian Weber taking on the United Steelworkers union.Ê
"Precedent"?
A previous ruling in an earlier case that provides guidance is known as a precedent. Precedent can be used as a noun or an adjective.
If no other case has changed it.
Precedent
Precedent
The Kalamazoo Case of 1874 set a precedent that taxing citizens for secondary education (post elementary school) was legal.
No. An appeal to precedent is a type of analogy. This is the practice of using a case that has already been decided in a court of law (the precedent) as an analog with which to compare the case in question. If the case in question is sufficiently similar to the precedent, and the precedent stands on the authority of the court's ruling, then it may be argued by analogy that the case in question should receive the same ruling. It would be inconsistent, hence illogical, to treat like cases (the analogs) differently. (McGraw Hill Moral reasoning)