Also known as: overrules · overruled · overruling
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A judicial decision that expressly declares a prior precedent no longer controlling law. The decision substitutes a new principle that lower courts must follow.
A judicial decision that expressly declares a prior precedent no longer controlling law. The decision substitutes a new principle that lower courts must follow.
Select any source to read its text and confirm it supports the definition.
A ruling that rejects a party's objection or motion. The court permits the challenged action or evidence to proceed.
Select any source to read its text and confirm it supports the definition.
A ruling that rejects a party's objection or motion. The court permits the challenged action or evidence to proceed.
Each sense below has its own examples, sources, and questions.
Omar Olson and his partner challenged a state statute banning most abortions after six weeks. The state supreme court applied rational basis review and upheld the statute. The decision expressly declared that earlier federal precedents recognizing a constitutional right to abortion no longer controlled.
Olga O'Neill sought an injunction against enforcement of a state law restricting abortion access. The court rejected her claim that a right of privacy protected the procedure. It held that prior decisions recognizing such a right were no longer valid authority.
Oskar Ocampo, a state employee, sued for overtime pay under the Fair Labor Standards Act. The court upheld Congress's power to regulate state employers. It rejected an earlier precedent that had shielded traditional state functions from federal wage rules.
Octavia Okonkwo and her partner sued for recognition of their out-of-state marriage. The court held that prior state-law restrictions on same-sex marriage could not stand. It replaced those restrictions with a new constitutional rule requiring recognition.
Odin Obeng sued a railroad in federal court for injuries sustained in State A. The court held that prior federal common-law rules no longer governed. It required application of State A's substantive tort law instead.
Otto Osman challenged a state ban on contraceptive counseling. The court held that earlier precedents allowing such bans were no longer controlling. It recognized a new constitutional protection for married couples' access to contraception.
Overruling replaces a prior decision with a new rule that binds future cases. Reversing corrects the judgment only in the case before the court.
Supporting sources
No. Counsel's failure to raise a claim valid under then-existing law but later overruled does not prejudice the defendant under the Sixth Amendment.
Supporting sources
A court overrules the objection when the plaintiff entity maintains its only principal office in the district where suit was filed. The venue statute treats a plaintiff entity as residing solely in that district.
Supporting sources
A court overrules the objection when at least one defendant is subject to personal jurisdiction in the district and no other venue provision applies. The statute expressly authorizes filing in any such district.
Supporting sources
A court sustains the objection when counsel serves the motion directly on a represented party instead of the attorney of record. The rules require service on the attorney unless the court orders otherwise.
Supporting sources
…official position was made explicit by the Supreme Court of Alabama. That court, in holding that the trial court "did not err in overruling the demurrer [of the Times] in the aspect that the libelous matter was not of and concerning the [plaintiff,]" based its ruling on the proposition that: "We think it common knowledge that…