Supersede - Law Dictionary Search Results
Home Dictionary Name: supersedeSupersede
Supersede, means 'to take the place of by reason of superior right, to make useless by superior power, to replace, to set aside, Food Inspector v. Hameed, (1983) Ker LT 901: (1983) FAJ 443: (1984) 1 FAC 41.The word 'supersede' in law, means 'obliterate, set aside, annul, replace, make void or inefficacious or useless, repeal', Calcutta Municipal Corporation v. Pawan Kumar Saraf, AIR 1999 SC 738 (740): (1999) 2 SCC 400. [Prevention of Food Adulteration Act, 1954, s. 13(3)(5) Proviso]1. To annual, make void, or repeal by taking the place of 2. To invoke or make applicable the right of supersedeas against an award of damages, Black's Law Dictionary, 7th Edn., p. 1452....
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 ...
superseding cause
superseding cause see cause ...
cause
cause 1 : something that brings about an effect or result [the negligent act which was the of the plaintiff's injury] NOTE: The cause of an injury must be proven in both tort and criminal cases. actual cause : cause in fact in this entry but-for cause : cause in fact in this entry cause in fact : a cause without which the result would not have occurred called also actual cause but-for cause concurrent cause : a cause that joins simultaneously with another cause to produce a result called also concurring cause compare intervening cause and superseding cause in this entry di·rect cause : proximate cause in this entry ef·fi·cient in·ter·ven·ing cause : superseding cause in this entry intervening cause 1 : an independent cause that follows another cause in time in producing the result but does not interrupt the chain of causation if foreseeable called also supervening cause compare concurrent cause and superseding cause in this entry 2 : super...
merger
merger 1 : the absorption of a lesser estate or interest into a greater one held by the same person compare confusion 2 : the incorporation and superseding of one contract by another 3 a : the treatment (as by statute) of two offenses deriving from the same conduct such that a defendant cannot be or is not punished for both esp. when one offense is incidental to or necessarily included in the other [a of offenses in a statute] [a of convictions] b : the doctrine according to which such offenses must be merged compare double jeopardy NOTE: Merger commonly involves the interpretation of statutes and legislative intent in deciding whether two or more offenses deriving from the same conduct remain distinct. 4 : a doctrine in civil litigation: a judgment in favor of a plaintiff incorporates and supersedes the cause of action and any claims based on it and requires that further litigation in the case by the defendant be concerned with the judgment itself compare bar estoppel by judg...
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 ...
writ
writ [Old English, something written] 1 : a letter that was issued in the name of the English monarch from Anglo-Saxon times to declare his grants, wishes, and commands 2 : an order or mandatory process in writing issued in the name of the sovereign or of a court or judicial officer commanding the person to whom it is directed to perform or refrain from performing a specified act NOTE: The writ was a vital official instrument in the old common law of England. A plaintiff commenced a suit at law by choosing the proper form of action and obtaining a writ appropriate to the remedy sought; its issuance forced the defendant to comply or to appear in court and defend. Writs were also in constant use for financial and political purposes of government. While the writ no longer governs civil pleading and has lost many of its applications, the extraordinary writs esp. of habeas corpus, mandamus, prohibition, and certiorari indicate its historical importance as an instrument of judicial auth...
Certiorari
Certiorari (to be more fully informed of), an original writ issuing out of the Crown side of the King's Bench Division of the High Court of Justice, addressed, in the king's name, to judges or officers of inferior Courts, commanding them to certify or to return the records of a cause depending before them, to the end that justice maybe done.Certiorari lies to remove into the High Court of Justice, King's Bench Division, which, superseding the King's bench, is the sovereign Court of justice in criminal causes, all indictments, coroners' inquisitions, summary convictions by magistrates, orders of removal of paupers, and of poor's rates, also orders made by commissioners of sewers and other commissioners, town councils, and railway companies, for the purpose of being examined and 'quashed,' if contrary to law. The writ may be granted either at the instance of the prosecutor or the defendant. A prosecutor was formerly entitled to a writ of certiorari as a matter of right, but a defendant c...
Church Discipline Act (English)
Church Discipline Act (English), 1840 (3 & 4 Vict. c. 86) (repealing 1 Hen. 7, c. 4), under which 'it shall be lawful for' the bishop of the diocese (but not obligatory on him: see Julius v. Bishop of Oxford, (1880) 5 App Cas 214) on the application of any party complaining to proceed against any clerk in holy orders 'charged with offence against the laws ecclesiastical or concerning whom there may exist scandal or offence against the said laws' (whether concerning doctrine, see Voysey v. Noble, (1870) LR 3 PC 357; Bishop of St. Albans v. Fillingham, 1906 p. 163), ritual or moral misconduct), first by inquiry before commissioners nominated by the bishop, and then if the commissioners report that there is a prima facie case against him, by inquiry before the bishop with assessors, with an ultimate appeal to the Judicial Committee of the Privy Council, Bishop of Lincoln v. Wakefield, 1921 AC 813. The Act is repealed and superseded as to offences against morality by the Clergy Discipline ...
Civil Law
Civil Law, that rule of action which every particular nation, commonwealth, or city has established peculiarly for itself, more properly distinguished by the name of municipal law.The term 'civil law' is now chiefly applied to that which the Romans complied from the laws of nature and nations.The 'Roman Law'and the 'Civil Law' are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated 'the Roman Civil Law.'The collections of Roman Civil Law, before its reformation in the sixth century of the Christian era by the eastern Emperor Justinian, were the following:--(1) Leges Regi'. These laws were for the most part promulgated by Romulus, Numa Pompilius and Servius Tullius. To Romulus are ascribed the formation of a constitutional government, and the imposition of a fine, instead of death, for crimes; Numa Pompilius composed the laws relating to religion and divine worship, and abated the rigour of subsisting laws; and Servius Tullius, the sixth king,...
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