what are some examples of case law where courts may deviate from the doctrine of precedents strict limitations

Answer 1

Precedent requires applying previous higher-court case law where the fact pattern is the same as the earlier holding.

If the facts in the new case are distinguished, so that the are different than the facts supporting the previous holding, then the new court is not required to follow it.

A court is also only bound to follow precedent from a court above it in the hierarchy. It can follow or ignore precedent from sibling courts, such as a court in Missouri not following a Kansas precedent, or a 4th District California court not following a 1st District precedent.

A court can also change the law relative to its own prior rulings. So, an appellate court or a state supreme court can decide that it doesn't like a decision it made years ago, and change it. This implicates the doctrine of "stare decisis", which is related to but different than the rules of precedence.

There are other examples, but those are some of the more common situations.

Answer 2

I suggest you look at the freedom of speech with regard to students and the First and Fourteenth Amendments. This is especially illustrated through the doctrine of true threats. I suggest you look at cases like:
Tinker v. Des Moines
United States v. Watts
Doe v. Pulaski (8th Cir. 2002)
Virginia v. Black
Poway Unified School District v. Lovell
Porter v. Ascension Parish

By the way, what you stated and what you are actually asking aren't quite the same thing. Courts may not DEVIATE, but may OVERTURN or MODIFY prior decisions.

Answer 3

From my experience it is hard to find an area of law where the courts will deviate from precedent, except the supreme court when they are changing precedent. However one area that the lower courts have ruled differently than the supreme court is cases that pertain to the legality of the federal personal income tax.

Answer 4

In civil matches, Judges have truly some lee way in accomplishing a range. hence, the problem in contact the interior workings of a mosque. If the decide could no longer discover an same regulation or ruling lower than Florida regulation, then why no longer use it. utilizing religious regulation has been accomplished before thousands of cases in civil and family members courts. see you later because it would not conflict with Federal or State regulation, and the activities agree, there is not any issue.

Answer 5

It depends on the judge and the situation. Is there a certain case you are wondering about?