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The unwritten law based on previous court decisions is known as "case law" or "common law." This legal principle derives from judicial rulings and precedents established in earlier cases, which guide the decisions in new cases with similar circumstances. Case law evolves over time as courts interpret statutes and constitutional provisions, providing a framework for understanding legal principles.
What else can I help you with?
Can the Supreme Court overturn a previous decision?
Yes, the Supreme Court can overturn a previous decision through a process called "overruling" or "reversing" a precedent. This typically occurs when the Court believes that a previous decision was incorrect or no longer applicable to current circumstances.
Who has an unwritten Constitution based on laws court decisions and customs?
Great Britain
Is a Supreme Court decision permanent?
In most cases a Supreme Court decision is permanent. The current Supreme Court can change the decision of a previous Supreme Court.
How can a Supreme Court decision be changed through the process of judicial review?
A Supreme Court decision can be changed through the process of judicial review by having a lower court challenge the decision and appeal it to the Supreme Court. The Supreme Court can then review the case and potentially overturn its previous decision based on new arguments or evidence presented during the review process.
What does it mean when a case is vacated and remanded?
Previous answer was partially right. The "reverse and remand" or "vacate and remand" are from an appellate court decision based on a previous courts decision. Remand has nothing to do with "remanding" the person into custody, and the judgment of reverse or vacate can apply to either te sentencing / convinction or both, but it is not seperate. ( reverse doesn't just apply to crime and remand apply to sentencing ) When a sentence is vacated, it means the previous courts decision is void. When it is "reversed" it means the previous court was wrong, and the opposite decision should have been affirmed. However, Once a decision is made, the remedy or actions to correct the wrong judgement must also be re-addressed. ( I.E. you get wrongfully convicted of 1st degree murder, but still committed a crime resulting in death) Once the decision that your 1st degree murder charge was erroneous is made, your case (Not your person) is remanded (or sent back) to the previous court, to either retry the case based on the new info from the appellate court, or is remanded to a previous court to correct sentencing based upon the findings of the appellate court. judgement affirmed means that nothing needs to change and no errors were made in the previous courts procedure / decision.
How can a Supreme Court decision be reversed?
A Supreme Court decision can be reversed through a process called "overruling," where the Court issues a new decision that contradicts or overturns the previous decision. This can happen if the Court's composition changes, new legal arguments are presented, or societal values shift.
If the Supreme Court decides not to hear a case what then becomes the final decision in that case?
The decision of the previous appeals court that heard the case is the final decision should the Supreme Court refuse to hear the case.
Are each of the intermediate federal courts of appeal free to make decisions independently?
Yes, they are. However - if the question at issue has already been ruled on and decided by a previous court decision the Appeals Court is quite likely to agree with the previous decision and rule the same due to precedent.
To retry a case in a higher court?
If you are not satisfied with the decision made by the jury, you can appeal your case to a higher court to render a decision based on facts presented in that specific case. Cases are not retried in appellate courts; however, an appellate court may reverse the trial court decision and remand the case for retrial under certain circumstances.
How can Supreme Court decisions be overturned and what is the process for doing so?
Supreme Court decisions can be overturned through a process called judicial review. This typically involves a new case being brought before the Supreme Court that challenges the previous decision. If the Court decides to hear the case and rules differently, the previous decision can be overturned. This process allows for the Court to adapt to changing societal norms and legal interpretations.
What is used when court makes decisions based on common law?
Previous Judicial Decisions
What is a body of rulings made by judges based on previous court decisions?
case law
