TASK DEFINITION: In this task, you will be shown a sentence, and you should determine whether it is overruling or non-overruling. In law, an overruling sentence is a statement that nullifies a previous case decision as a precedent by a constitutionally valid statute or a decision by the same or higher ranking court which establishes a different rule on the point of law involved. Classify your answers into overruling or non-overruling
PROBLEM: he was never present for the court to ask him whether he could pay the forfeiture, nor did kerr ever ask for an indigency hearing.

SOLUTION: non-overruling

PROBLEM: consequently, w e disapprove the decision in state v. falcon 556 so.2d 762 (fla. 2d dca 1990), which, contrary to ferrair, held that section 713.34 (3), florida statutes (1985), created an unconstitutional mandatory presumption.

SOLUTION: overruling

PROBLEM: in sheldon appel, our supreme court clarified that the question of probable cause in a malicious prosecution case is a question of law. (sheldon appel co. v. albert & oliker, supra, 47 cal.3d at p. 875.)

SOLUTION:
non-overruling