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04-11-2008, 09:10 AM
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#1 |
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Are Pending Cases Ruled Retroactive or Prospective Based on New Law v Precedented Law
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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04-13-2008, 11:55 AM
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#2 |
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Re: Are Pending Cases Ruled Retroactive or Prospective Based on New Law v Precedented Law
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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