united-states statutes case-law precedent
Does statute take precedence over case law (in the US)?
<p>Hypothetical situation:</p>

<p>An US court decides a case for which there is no statute nor previous court decision (precedent) which would provide how the case should be decided (resolved). So the court (judge) decides it in own way which the judge believes is "the most fair". This would establish a new precedent (I assume).</p>

<p>Then a new legislation (statute) is passed and it provides that the issue (case) shall be resolved (decided) differently. Does this statute take precedence over (overrule) the previous court precedent?</p>

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<p>This would establish a new precedent (I assume)</p>
</blockquote>
<p>You assume correctly. However, a precedent is only binding on lower courts and persuasive on courts at the same level so a trial judge precedent is not very far-reaching.</p>
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<p>Does this statute takes precedence over (overrules) the previous court precedent?</p>
</blockquote>
<p>Not exactly. The precedent was good for the old (common) law. Now the law has changed and the old precedent is irrelevant.</p>
<p>Courts only interpret the law and legislatures are free to change the law within the limits of their constitutional power. Indeed, a fair number of laws are enacted because the legislature does not agree with how courts are ruling.</p>
