What is the effect of prospective overruling by a court?
Correct answer: B. The new rule applies only to events occurring in the future
- A. The old rule continues permanently for every pending case
- B. The new rule applies only to events occurring in the future
- C. The new rule applies only to criminal proceedings
- D. The judgment becomes advisory and creates no legal rule
Explanation
Prospective overruling changes the legal rule for future conduct while preserving the earlier rule for past transactions or cases. It is used to reduce unfairness caused by an unexpected change in law.
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About Jurisprudence
Jurisprudence examines the nature, purpose and sources of law through the ideas of justice, rights, duties, sovereignty, liability and legal personality. It compares natural law, analytical positivism, historical, sociological and realist approaches, and considers how courts interpret legal rules, distinguish law from morality and resolve conflicts between competing principles.
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