Open main menu
Home
Random
Recent changes
Special pages
Community portal
Preferences
About Wikipedia
Disclaimers
Incubator escapee wiki
Search
User menu
Talk
Dark mode
Contributions
Create account
Log in
Editing
Precedent
(section)
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
===Judicial resistance=== Occasionally, lower court judges may explicitly state a personal disagreement with the rendered judgment, but are required to rule a particular way because of binding precedent.<ref>See, e.g., [https://scholar.google.com/scholar_case?case=1195909351234664885 ''State Oil Co. v. Khan''], 93 F.3d 1358 (7th Cir. 1996), in which Judge Richard Posner followed the applicable Supreme Court precedent, while harshly criticizing it, which led the Supreme Court to overrule that precedent in ''[[State Oil Co. v. Khan]]'', 522 U.S. 3 (1997); see also the concurring opinion of Chief Judge Walker in [https://scholar.google.com/scholar_case?case=1895782534423575000 ''National Abortion Federation v. Gonzalez''], 437 F. 3d 278 (2d Cir. 2006).</ref> Inferior courts cannot evade binding precedent of superior courts, but a court can depart from its own prior decisions.<ref>See, e.g., [http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=502&invol=197 ''Hilton vs. Carolina Pub. Rys. Comm'n.''], 502 U.S. 197, 202, 112 S. Ct. 560, 565 (1991)("we will not depart from the doctrine of stare decisis without some compelling justification").</ref>
Edit summary
(Briefly describe your changes)
By publishing changes, you agree to the
Terms of Use
, and you irrevocably agree to release your contribution under the
CC BY-SA 4.0 License
and the
GFDL
. You agree that a hyperlink or URL is sufficient attribution under the Creative Commons license.
Cancel
Editing help
(opens in new window)