Legal Question in Civil Rights Law in New York

Precedent

Why would a court disregard a precedent?


Asked on 9/21/04, 9:40 pm

1 Answer from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Precedent

There could be many reasons. Most frequently the precedent was not authoritative (didn't come from a Court of higher standing in the same jurisdiction), the precedent was distinguishable (the facts in one case are not exactly the same as the facts in the case decide previously), the precedent no longer applies (facts have changed that no longer make the precedent prevailing) or the court concluded that the precedential case was decided erroneously.

There could be other reasons as well, but these are some main reasons precedents will not be followed.

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Answered on 9/22/04, 9:18 am


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