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When can a court overrule the decision of another court and when can they not?

2007-04-29 10:28:41 · 3 answers · asked by grandmasterlau 2 in Politics & Government Law & Ethics

3 answers

It has to be a higher court to whom the decision has been appealed.

2007-04-29 10:35:32 · answer #1 · answered by LodiTX 6 · 0 0

Usually it is an appellate court which is overruling a lower court. All courts are governed by the doctrine of "stare decisis", essentially following judicial precedent. In all likelihood, the appellate court had a disagreement with whatever was in the appellate record (looking at the law and facts) of the case.

There are some instances, however, in which different county courts in a jurisdiction may come up with different results. This does not necessarily mean that the one county's court is overruling another county's court. It could rest on a narrow interpretation of the law and facts of the case.

2007-04-29 10:40:27 · answer #2 · answered by Mark 7 · 0 0

When its a "higher Court".

Nothing can override the decision of the Supreme Court.

I wish you well...

Jesse

2007-04-29 10:41:56 · answer #3 · answered by x 7 · 0 0

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