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mellowyellow

overrule v. overturn

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what is the difference of overruling and overturning a case? We ran korematsu at my very first tournanment and our opponents kept telling us that korematsu has be overturned and we kept saying kormatsu hasnt been overruled and that overruling and overturning is the same thing. turns out its not.

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Legally speaking, when the SCOTUS (Supreme Court of the US) overturns a case that means it is reversing precedent/stare decsis, i.e. it changed its mind on what the law "says". This can also apply to lower court decisions. When the SCOTUS overrules a case that means they found that a lower court incorrectly applied the law to the facts or incorrectly interpretted the law from previous decisions. Either way, they're independent terms and DEFINITELY do not mean the same thing on this topic.

 

Rob

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speaking of your toury, how did you do?

 

Surprisingly, we went to quarters. I think it's because the tourney was so small. however, our asses got handed to us during our quarters round. :(

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overturn : "overrule"
Merriam-Webster??? Please.... ;)

 

A couple of more rigorous sources:

 

American Heritage:

 

"overrule" = 1a. To disallow the action or arguments of, especially by virtue of higher authority: The defense attorney's objection was overruled by the judge. b. To decide or rule against: overrule a policy decision. c. To declare null and void; reverse.

 

"overturn" = b. Law To invalidate or reverse (a decision) by legal means

 

Oxford:

 

"overrule" = eject or disallow by exercising one’s superior authority

 

"overturn" = abolish, invalidate, or reverse (a decision, system, belief)

 

 

Clearly, then, when SCOTUS overrules in a case, it is telling some lower court that its decision is being disallowed; if they are overruling a lower appellate court, this often means the original trial verdict is restored; if they overrule a trial court, a new trial is usually indicated.

 

When they overturn a case, something different happens, to wit: They are reversing themselves, not some lower court. And, by the way, this happens more than most people realize. The current SCOTUS, for instance, has been rather inconsistent on search and seizure rulings over the last decade or so...

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overturn=reverse precedent

overrule=rule over lower court's decision

 

So you overturn korematsu and thereby reverse the precedent set by Korematsu v. US

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