Overturned
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A court decision or precedent is overturned when a judiciary rejects the result of a prior court proceeding. Higher courts may overturn the decisions of lower courts. Supreme courts can also overturn precedents established in previous court decisions.[1][2]
In the United States, the U.S. Supreme Court is the highest authority with regard to precedent and decision-making within its jurisdiction. State supreme courts also set precedents and resolve conflicting interpretations of state laws.
Overturning court decisions
When a court rules against a party to a lawsuit, that party may choose to appeal the decision. The appeals process typically involves filing a notice of appeal with a lower court, indicating the party's intention to take the matter to the next highest court with jurisdiction over the matter. The appealing party files a petition for a writ of certiorari, a formal request for the higher court to review the lower court's decision. If the appellate court grants certiorari, the lower court provides the higher court with a record of all prior proceedings.[3]
Appellate courts generally review whether law and precedent were properly interpreted and applied in cases. If a higher court finds a lower court did not properly apply or interpret a law or constitutional provision, it may overturn the lower court's decision.[4]
Overturning precedent
U.S. courts follow the principle of precedent or stare decisis, meaning that previous court decisions guide decision-making in new cases.[5] In the United States, the U.S. Supreme Court is the highest authority with regard to stare decisis. State supreme courts also set precedents and resolve conflicting interpretations of state laws.[6]
Supreme courts can overturn precedent. Justices making such decisions often argue that a previous doctrine was unworkable in the context of a case being decided, that significant social changes occurred since a precedent was established, or that the most recent precedent violated an earlier precedent (in which case the court might describe its decision as reaffirming the older interpretation of the law).[6]
See also
Footnotes
- ↑ Merriam-Webster, "Overturn definition," accessed December 16, 2015
- ↑ Longman Dictionary of Contemporary English, "Overturn government definition," accessed December 16, 2015
- ↑ NOLO, "Appeals and the Writ of Habeas Corpus FAQ," accessed December 9, 2013
- ↑ Free Advice: Law, "The other side is appealing, what does that mean?" accessed on December 16, 2015
- ↑ Merriam Webster Dictionary, "Stare decisis definition," accessed December 9, 2015
- ↑ 6.0 6.1 Cornell Law School, "Stare decisis," accessed December 9, 2015
