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Did the court overturn the judicial precedent of plessy v Ferguson with its ruling in the brown v board of education case?
yes it did
What significant legal precedent did the case of Marbury v. Madison overturn?
The case of Marbury v. Madison overturned the legal precedent that allowed the Supreme Court to issue writs of mandamus to government officials.
How important is the rule of precedent?
Very important. In general, judges are very reluctant to overturn a precedent, no matter how much they may disagree with it, or think it was poorly decided.This is even more so with Conservative judges, by the way, which is why it is silly to worry that Roe v. Wade could be overturned. There are zero American legal scholars who think that is a possibility: the more Conservative a judge is, the less likely (s)he is to want to overturn a precedent, regardless of their opinion of the precedent. The only people who talk about the possibility are ones in a position to get money or votes from talking about it, and ones they have fooled.
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 This typically occurs when the Court believes that a previous decision was incorrect or no longer applicable to current circumstances.
What does it mean when a judge uses precedent to arrive at an opinion?
precedent
What is the legal term used to not overturn precedent?
The doctrine of stare decisis (Latin: Let the decision stand) encourages courts to adhere to established precedents when deciding cases.
What does overturn the word mean?
Turned upside down.
What does it mean to overturn something?
It can mean to reverse a law or legal decision that has already been rendered.
Can stare decisis be overturned in legal cases?
Yes, stare decisis can be overturned in legal cases. Stare decisis is the principle of following precedent, but higher courts have the authority to overturn previous decisions if they believe it is necessary to do so.
When has a state Supreme Court overturned the US Supreme Court?
The US Supreme Court has the authority to overturn a precedent in any case under their review, if they feel the precedent no longer applies to current social and legal circumstances. They can also ignore precedents if they feel a case creates an exception to the rule, for whatever reason.
What two types of precedent are there in doctrine of precedent?
binding(mandatory) precedent persuasive precedent
Can a court depart from a precedent if the precedent is no longer considered constitutionally valid?
Yes courts can depart from Precedents. However this depends on the level of the court and the precedent being relied upon. For instance the Supreme Court is not bound by any precedent, not even the one it set, yet the lower courts to it are bound by such precedents. Also the precedent being relied upon could have been overtaken by events e.g by change of law, time or any other factor hence making it obsolete and therefore courts departing from such precedent.
