Are Pending Cases Ruled Retroactive or Prospective Based on New Law v Precedented Law
This is a discussion on Are Pending Cases Ruled Retroactive or Prospective Based on New Law v Precedented Law within the Other Criminal Law Matters forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; If the Supreme Court makes a ruling establishing new law that contradicts old precedented law, is the new ruling applied ...
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If the Supreme Court makes a ruling establishing new law that contradicts old precedented law, is the new ruling applied to pending cases prospectively or retroactively given that the pending case relied on the old precedent when filed?
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#2 |
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The new law will govern going forward in some cases and in others not. If the matter states what is now the law, it applies only if the issue has active parts going forward. If your case is as to a past issue then the law as it was will normally apply to determine what the outcome of your case should be.
It can get a bit complicated as to how the law is applied to the facts in that situation. |
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