QUESTION

Which has precedence? Case law or newly enacted law on same subject

Asked on Oct 04th, 2015 on General Practice - Pennsylvania
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1 ANSWER

Appellate Practice Attorney serving New York, NY
I assume that by "newly enacted law" you mean a statute.  If so, that takes precedence.  "Case law" interprets statutes (I'm just using statutes as a generic terms to include all laws enacted by legislative or administrative bodies.)  If that changes validly (meaning that if the new statute doesn't violate a higher statute, for example a statute which violates the U.S. Constitution), and affects the basis of a prior "case law" ruling, the prior ruling is no longer controlling precedent.
Answered on Oct 05th, 2015 at 9:21 AM

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