Overruling is a verb that means to exercise the power to veto, reverse or prevail over a decision made by someone else. The IPA phonetic transcription for overruling is [oh-ver-roo-ling], where the stress is on the second syllable. The word contains two syllables, with the first syllable pronounced as the diphthong /oh/ as in "no", followed by a stressed vowel /ver/ as in "her". The final syllable is pronounced as /ling/ rhyming with "thing".
Overruling is a concept in legal and judicial contexts that refers to the act of overturning or setting aside a previous decision, ruling, or judgment, particularly by a higher court. It is when a higher level court, such as an appellate court, exercises its authority to disregard or nullify a prior decision made by a lower court. Overruling can occur when the lower court's decision is determined to be erroneous, incorrect, or contrary to legal precedent.
When a court overrules a decision, it essentially renders it void or of no legal effect. In doing so, the court establishes a new legal position on the matter at hand, thereby superseding the previous ruling. The power to overrule rests with higher courts, which have the ability to review and modify or invalidate lower court decisions.
Overruling often takes place when the court concludes that a prior decision was made in error, did not adhere to legal guidelines or principles, or is no longer applicable due to changes in laws or circumstances. By overruling, the court aims to rectify or correct a legal error and promote consistency in legal interpretation and application.
It is essential to note that overruling is distinct from a reversal. While a reversal simply means that the higher court disagrees with the lower court's decision, overruling involves the annulment of that decision and declaration of a new legal position. Overruling is an integral aspect of the legal system as it ensures the development and evolution of the law and enables courts to correct previous mistakes.
Exerting superior and controlling power.
Etymological and pronouncing dictionary of the English language. By Stormonth, James, Phelp, P. H. Published 1874.
* The statistics data for these misspellings percentages are collected from over 15,411,110 spell check sessions on www.spellchecker.net from Jan 2010 - Jun 2012.
The word overruling has its roots in the Old English word orfyrlian, which can be traced back to the combination of the prefix or- (meaning out or over) and the verb fyrlian (meaning to govern or to rule). Therefore, overruling essentially means to rule or govern over or to have authority or power over.