Overruling Precedent Law and Legal Definition

Overruling precedent is the nullification of a prior decision as a precedent by a constitutionally valid statute or the rendition of a decision by the same court or by a higher ranking court which establishes a different rule on the point of law involved.

Factors that support overruling precedent are:

a. when the original rule is flawed from the outset;

b. when older precedent conflicts with a newer decision that is found to be more soundly reasoned; and

c. when the rule consistently creates unjust results or places unnecessary burdens upon the system. [Mullins v. Ortiz, 2009 Tex. App. LEXIS 3578 (Tex. App. Waco Apr. 29, 2009)].