Overruling - Page 3 - Law Dictionary

sustain

sustain 1 : to support as true, legal, or just 2 : to allow or uphold as valid [ an objection] compare overrule sus·tain·able adj ...

sub silentio [Latin] : under or in silence : without notice being taken or without making a particular point of the matter in question [overruled sub silentio this court's holding in Collora "State v. Olsen, 498 N.W.2d 661 (1993)"] ...

set aside

set aside 1 : to disagree with and overturn (a decision or act of a lower tribunal) upon review : overrule vacate [set aside the decree] 2 : to deprive of legal effect or force : annul void [may set aside the contract] ...

precedent

precedent [Middle French, from Latin praecedent- praecedens, present participle of praecedere to go ahead of, come before] : prior in time, order, arrangement, or significance see also condition precedent at condition compare subsequent [pre-səd-nt] n : a judicial decision that should be followed by a judge when deciding a later similar case see also stare decisis compare dictum NOTE: To serve as precedent for a pending case, a prior decision must have a similar question of law and factual situation. If the precedent is from the same or a superior jurisdiction (as the state's supreme court), it is binding upon the court and must be followed; if the precedent is from another jurisdiction (as another state's supreme court), it is considered only persuasive. Precedents may be overruled esp. by the same court that originally rendered the decision. ...

overturn

overturn : overrule ...

follow

follow : to be in accordance with (a prior decision) : accept as authoritative see also precedent compare overrule ...

attack

attack : an attempt to prove something invalid or incorrect esp. through judicial procedures [made an on the will as not properly witnessed] ;specif : an attempt to have the judgment of a court corrected or overruled collateral attack : an attack on a judgment made during or by a proceeding brought for a different purpose see also habeas corpus ad subjiciendum at habeas corpus direct attack : an attack on a judgment made in a proceeding (as an appeal) brought for the specific purpose of having the judgment corrected or overturned attack vb ...

Special Act of Parliament

Special Act of Parliament. Commonly called Local, Personal or Private Acts. See LOCAL AND PERSONAL ACTS. That which applies only to a particular kind of persons or things, as a particular railway to be constructed, or otherwise dealing with a particular area or person only, and therefore not overruled by the general terms of a general Act. See Taylor v. Oldham Corporation, (1876) 4 Ch D 410. But the term has received various statutory definitions; see (English) Public Health Act, 1875, s. 316, and (English) Railways Clauses Consolidation Act, 1845 (8 Vict. c. 20), s. 2. See also May's Parl. Pr., etc.; PRIVATE BILLS....

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