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Overrule

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Spoken of decisions of the courts, signifies that a court has decided a question of law adverse to a decision of it, in some former cause, so that the earlier decision loses authority as a precedent, in view of the later one. When a cause is carried up to an appellate court for.review, and that court decides the question of law involved contrary to the opinion of the court below, this is not called " overniling," but " reversal." " Overruling " is confined to decisions upon the same question, rendered in independent causes. It is confined, moreover, to decisions by courts which are, quoad hoc, of superior authority. An inferior court "cannot be said to overrule decisions of a higher court, when it decides in opposition to them.