Supersede is the act of replacing or canceling something by taking its position. For instance, when a new law is enacted, it may supersede an older law. It can also pertain to the legal procedure of appealing a decision and temporarily suspending it until a higher court can examine it. In simpler words, supersede means to assume control or substitute something else.
To supersede means to replace or invalidate something, rendering it no longer effective. For instance, in Example 1, the new law supersedes the old law, rendering the latter invalid. In Example 2, the defendant’s bond supersedes the judgement, allowing her to postpone payment until the appeal is resolved. These examples demonstrate how “supersede” is used to describe the replacement or invalidation of something by something else. In the first example, the new law replaces the old law, while in the second example, the bond replaces the judgement against the defendant. In both cases, the original entity becomes ineffective or invalid as it is superseded by something else.
When one law supersedes another, it means that the newer law takes precedence over the older law. The newer law will be enforced and followed instead of the older law.
To determine if a law has been superseded, you can consult legal resources such as statutes, regulations, or case law. These sources will indicate if a law has been repealed or replaced by a newer law.
Yes, under the Supremacy Clause of the United States Constitution, federal laws generally supersede conflicting state laws. However, there are certain areas where states have the authority to regulate, even if there is a federal law in place.
In some cases, a court decision can effectively supersede a law. When a court declares a law unconstitutional, it essentially renders it invalid and unenforceable. However, this only applies to the specific case before the court and may not automatically invalidate the law for everyone.
No, a contract cannot supersede a law. If a contract provision contradicts a law, the law will prevail. Parties cannot agree to terms that violate existing laws.
Yes, a new law can supersede a previous court decision. If a court decision is based on a law that has been subsequently changed or repealed, the new law will take precedence over the court’s decision.
Yes, regulations can supersede laws in certain circumstances. Regulations are created by administrative agencies and are authorized by laws passed by the legislature. If a regulation is properly enacted and conflicts with a law, the regulation will prevail.
Yes, treaties can supersede domestic laws. Under the Supremacy Clause, treaties ratified by the United States become part of the supreme law of the land and can override conflicting state or federal laws.
Yes, a constitutional amendment can supersede a law. Once an amendment is properly ratified, it becomes part of the Constitution and takes precedence over any conflicting laws.
No, local ordinances generally cannot supersede state laws. Local governments derive their authority from the state, and their ordinances must be consistent with state laws. If a local ordinance conflicts with a state law, the state law will prevail.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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