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When a court finds some material difference between the facts of the case currently under consideration and the facts of an earlier case which established a precedent the court can ____________.
- a)Overrule the earlier case
- b)Reverse the earlier decision
- c)Disapprove the earlier case
- d)Distinguish the earlier case
Correct answer is option 'C'. Can you explain this answer?
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When a court finds some material difference between the facts of the c...
Disapprove the earlier case
In the legal context, when a court finds a material difference between the facts of the current case and the facts of an earlier case that established a precedent, the court has the option to disapprove the earlier case. This means that the court does not overrule or reverse the precedent, but simply states that the facts of the current case are different enough to warrant a different decision.
Explanation
Disapproving an earlier case is a way for the court to acknowledge the existence of the precedent but distinguish it from the current situation. This allows the court to apply the law in a way that is consistent with the facts of the case at hand, while still respecting the principle of stare decisis, which is the legal principle of determining points in litigation according to precedent.
Effect
By disapproving an earlier case, the court signals that the precedent remains valid in general, but that it does not apply to the specific circumstances of the current case. This approach allows the court to maintain consistency in the application of the law while also recognizing the unique facts and nuances of each individual case.
Conclusion
In summary, when a court finds a material difference between the facts of the current case and an earlier case that established a precedent, the court may choose to disapprove the earlier case. This decision allows the court to navigate between respecting precedent and ensuring that the law is applied appropriately to the specific circumstances of each case.
In the legal context, when a court finds a material difference between the facts of the current case and the facts of an earlier case that established a precedent, the court has the option to disapprove the earlier case. This means that the court does not overrule or reverse the precedent, but simply states that the facts of the current case are different enough to warrant a different decision.
Explanation
Disapproving an earlier case is a way for the court to acknowledge the existence of the precedent but distinguish it from the current situation. This allows the court to apply the law in a way that is consistent with the facts of the case at hand, while still respecting the principle of stare decisis, which is the legal principle of determining points in litigation according to precedent.
Effect
By disapproving an earlier case, the court signals that the precedent remains valid in general, but that it does not apply to the specific circumstances of the current case. This approach allows the court to maintain consistency in the application of the law while also recognizing the unique facts and nuances of each individual case.
Conclusion
In summary, when a court finds a material difference between the facts of the current case and an earlier case that established a precedent, the court may choose to disapprove the earlier case. This decision allows the court to navigate between respecting precedent and ensuring that the law is applied appropriately to the specific circumstances of each case.
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Community Answer
When a court finds some material difference between the facts of the c...
The court can disapprove of the earlier case. A coupling precedent of reference is already a decided case which a court must follow. In any case, a past case is possibly official in a later case if the legitimate standard included is the equivalent and the realities are comparable. Recognizing a case on its realities if it's a little bit different the new statement or decisions can be made.
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When a court finds some material difference between the facts of the case currently under consideration and the facts of an earlier case which established a precedent the court can ____________.a)Overrule the earlier caseb)Reverse the earlier decisionc)Disapprove the earlier cased)Distinguish the earlier caseCorrect answer is option 'C'. Can you explain this answer?
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When a court finds some material difference between the facts of the case currently under consideration and the facts of an earlier case which established a precedent the court can ____________.a)Overrule the earlier caseb)Reverse the earlier decisionc)Disapprove the earlier cased)Distinguish the earlier caseCorrect answer is option 'C'. Can you explain this answer? for Humanities/Arts 2024 is part of Humanities/Arts preparation. The Question and answers have been prepared according to the Humanities/Arts exam syllabus. Information about When a court finds some material difference between the facts of the case currently under consideration and the facts of an earlier case which established a precedent the court can ____________.a)Overrule the earlier caseb)Reverse the earlier decisionc)Disapprove the earlier cased)Distinguish the earlier caseCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for Humanities/Arts 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for When a court finds some material difference between the facts of the case currently under consideration and the facts of an earlier case which established a precedent the court can ____________.a)Overrule the earlier caseb)Reverse the earlier decisionc)Disapprove the earlier cased)Distinguish the earlier caseCorrect answer is option 'C'. Can you explain this answer?.
When a court finds some material difference between the facts of the case currently under consideration and the facts of an earlier case which established a precedent the court can ____________.a)Overrule the earlier caseb)Reverse the earlier decisionc)Disapprove the earlier cased)Distinguish the earlier caseCorrect answer is option 'C'. Can you explain this answer? for Humanities/Arts 2024 is part of Humanities/Arts preparation. The Question and answers have been prepared according to the Humanities/Arts exam syllabus. Information about When a court finds some material difference between the facts of the case currently under consideration and the facts of an earlier case which established a precedent the court can ____________.a)Overrule the earlier caseb)Reverse the earlier decisionc)Disapprove the earlier cased)Distinguish the earlier caseCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for Humanities/Arts 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for When a court finds some material difference between the facts of the case currently under consideration and the facts of an earlier case which established a precedent the court can ____________.a)Overrule the earlier caseb)Reverse the earlier decisionc)Disapprove the earlier cased)Distinguish the earlier caseCorrect answer is option 'C'. Can you explain this answer?.
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When a court finds some material difference between the facts of the case currently under consideration and the facts of an earlier case which established a precedent the court can ____________.a)Overrule the earlier caseb)Reverse the earlier decisionc)Disapprove the earlier cased)Distinguish the earlier caseCorrect answer is option 'C'. Can you explain this answer?, a detailed solution for When a court finds some material difference between the facts of the case currently under consideration and the facts of an earlier case which established a precedent the court can ____________.a)Overrule the earlier caseb)Reverse the earlier decisionc)Disapprove the earlier cased)Distinguish the earlier caseCorrect answer is option 'C'. Can you explain this answer? has been provided alongside types of When a court finds some material difference between the facts of the case currently under consideration and the facts of an earlier case which established a precedent the court can ____________.a)Overrule the earlier caseb)Reverse the earlier decisionc)Disapprove the earlier cased)Distinguish the earlier caseCorrect answer is option 'C'. Can you explain this answer? theory, EduRev gives you an
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