Federal Preemption - Law Dictionary Search Results
Home Dictionary Name: federal preemptionfederal preemption
federal preemption : a doctrine in law that allows a federal law to take precedence over or to displace a state law in certain matters of national importance (as interstate commerce) ...
preemption
preemption [Medieval Latin praeemption- praeemptio previous purchase, from praeemere to buy before] 1 a : the right of purchasing before others : preemptive right b : a right to purchase a tract of public land before others that was given by the government to the actual occupant of the land NOTE: This sense of preemption is primarily of historical importance. 2 : a doctrine in conflicts of law: when a superior government (as of a state) has undertaken to regulate a subject its laws supersede those of an inferior government (as of a municipality) NOTE: According to the doctrine of preemption, federal law supersedes state law when federal law is in conflict with a state law on a subject or when there is congressional intent to regulate a subject to the exclusion of the states. Federal preemption is based on the supremacy clause of the U.S. Constitution and is closely related to the powers granted Congress in the commerce clause. 3 : an act or instance of preempting ...
well-pleaded complaint rule
well-pleaded complaint rule : a rule of procedure that federal question jurisdiction cannot be acquired over a case unless an issue of federal law appears on the face of a properly pleaded complaint NOTE: The well-pleaded complaint rule is not satisfied by a defense based on federal law, including a defense of federal preemption, or by anticipation of such a defense in the complaint. ...
preempt
preempt 1 a : to acquire (land) by preemption b : to seize upon to the exclusion of others : take for oneself [a senior user of a trademark could not use of the mark in remote geographical markets "Mesa Springs Enterprises v. Cutco Indus., 736 P.2d 1251 (1986)"] 2 a : to replace or supersede (a law) by preemption [such state laws are not ed by the federal Energy Reorganization Act of 1974 "National Law Journal"] b : to preclude or bar (an action) by preemption [federal airline deregulation does not claims under state contract law "National Law Journal"] ...
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