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Simple English definitions for legal terms
abrogate
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A quick definition of abrogate:
Abrogate: To cancel or get rid of a law or contract. This means that the law or contract is no longer valid or in effect. For example, if you make a promise with someone and then decide to cancel it, you are abrogating the promise. In some cases, only certain people or groups have the power to abrogate laws or contracts.
A more thorough explanation:
Definition: To formally cancel or repeal a law, contract, or agreement through an act of legislation, constitutional authority, or custom.
Example 1: The Supreme Court of Michigan explained that an existing constitutional provision can be altered or abrogated if a proposed amendment would change the existing wording of the provision or render it fully inoperative. This means that a law or provision can be completely removed or changed through a formal process.
Example 2: In Seminole Tribe v. Florida, the U.S. Supreme Court ruled that Congress cannot abrogate a state's sovereign immunity under Article One of the Constitution. This means that Congress cannot take away a state's right to immunity from lawsuits without the state's consent.
Example 3: In contract and insurance law, to abrogate is to rescind or terminate a contract. For example, if two parties agree to a contract and one party fails to fulfill their obligations, the other party may choose to abrogate the contract and nullify its existence.
Overall, to abrogate means to formally cancel or repeal a law, contract, or agreement through a formal process or act of authority.