Preempt - Law Dictionary Search Results
Home Dictionary Name: preemptpreempt
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"] ...
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 ...
supersede
supersede -sed·ed -sed·ing 1 : to subject to postponement or suspension ;esp : to suspend the operation of (a judgment or order) by means of a supersedeas 2 : to take the place of in authority : preempt override 3 : to take the place of and render null or ineffective ...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial