Legal Question in Civil Litigation in Texas
Privacy and Technology
Under what circumstances would a court disregard precedent?
Asked on 5/30/04, 10:18 am
1 Answer from Attorneys
Charles White
Charles G. White
Re: Privacy and Technology
Here are three examples:
1. When the legislature has changed the effect of prior court decision by enacting a subsequent statute.
2. When a court concludes the previous court made law has been rendered obsolete by technology.
3. When a court decides that a prior decision was in error. This is rare, because frequent flip-flops can result in instability of the common law.
Answered on 5/30/04, 12:52 pm