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A departure from precedent normally only occurs if the precedent in question is thought to be incorrect or inapplicable.
This is particularly evident through the legislatures who subscribe to the Legal Realism frame of thought. These judges are more inclined to take the economic and social realities into account when departing from the precedent. When Civil Rights decisions were being made, it was these Legal Realist that made the dramatic changes in law that occurred during that time.
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What precedent did Marbury v. Madison set?
In 1803, Marshall decided a case that increased the power of the supreme court.
How did the precedent of judicial review affect checks and balances?
The precedent of judicial review, as established in the Supreme Court case Marbury v. Madison, affected checks and balances by giving the judicial branch the power to interpret the laws passed by the executive and legislative branches. It also gave the court the power to determine the constitutionality of laws.
Previous rulin in earlier case providing guidance?
In court cases, earlier cases can set what is called a precedent. If the court has delivered a verdict on a particular circumstance, it becomes the rule for future cases.
How was the case of Marbury v. Madison ultimately resolved by the Supreme Court?
In the case of Marbury v. Madison, the Supreme Court ultimately resolved the issue by establishing the principle of judicial review, which gives the Court the power to declare laws unconstitutional. This decision affirmed the Court's authority to interpret the Constitution and set a precedent for the balance of power between the branches of government.
Where did ships for d-day depart from?
England...................
