04-28-2020, 04:03 PM
(04-28-2020, 10:43 AM)michaelsean Wrote: For me, and i'm no scholar, I've always felt that once they decide to hear a case precedent shouldn't hold so much weight. If you don't want to continually rehash things, then don't hear the case, but once you agree to hear it then it's a whole new ballgame.
Here is how it usually works. Once a precedent is set based on a ruling in one specific case with one specific set of facts the argument in appeals after that become "This is why that precedent does not/should not apply to the specific facts in this new case".
Court rulings often narrow or expand precedents without completely overturning them
