a case overruled?

ok so i know this is going to sound idiotic and stupid but no one on my course seems to know how you know if a case is overrulled :redface:

? will it say in the report andif so where or do you have to use an online list to tell you?

fell very stupid for asking but never mind :redface:

Reply 1

Lewisy-boy

You find out by doing your own research ... but generally on the online resources there will be a fairly reliable "case history" which will tell you where the case was applied, overruled, distinguished et c.

Reply 2

elyse180887

ok then how would you research it?

read.

Using case citators in a law library will tell you if there has been reference to a case and if,when and where it has been applied, distinguished overruled etc. Correct me if im wrong please, im a fresher :smile:

Reply 5

Scotsman1988

Westlaw appear to be introducing (on teh scottsih cases at least) a system of flags. If you see a red one it means it is no longer good law and should not be used to support a legal argument - you may need to refer to it breifly though when setting out the new judgement (depening on what your task is). Green means that it is still good law and can be used to support a legal argument.

If the flags are not there then generally there will be, as said in an earlier post, case histories showing where the case hs been overruled, distingusihed or cited.

If you're using paper sources, then it i just a case of following the paper trail until you can find nothing that overrules it.

As for finding cases, statutes etc. you should be shown how to do this by your lecturers, tutors or librarian or all three (both electronically and non-electronically). These are essential skills for any student undertaking the study of Law (we do it in a module called Legal Methods).