Glossary · General
Abrogated
- Type
- Glossary
- Jurisdiction
- National
- Date
- 2026-09-23
- Topic
- General
A rule announced in an earlier decision has been done away with — by a later decision or by legislation — without the earlier decision being formally overruled in the same case line. A citator treats abrogation as negative treatment because the earlier rule can no longer be relied on.
Definition
A rule announced in an earlier decision has been done away with — by a later decision or by legislation — without the earlier decision being formally overruled in the same case line. A citator treats abrogation as negative treatment because the earlier rule can no longer be relied on.
Abrogated. A rule announced in an earlier decision has been done away with — by a later decision or by legislation — without the earlier decision being formally overruled in the same case line. A citator treats abrogation as negative treatment because the earlier rule can no longer be relied on. Example: The rule was abrogated when the Supreme Court adopted a different test in a later case.