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Simple English definitions for legal terms
complete-preemption doctrine
Read a random definition: ex concessis
A quick definition of complete-preemption doctrine:
The complete-preemption doctrine is a rule that says a federal law can be so powerful that it can turn a state law complaint into a federal one. This means that even if someone files a complaint in state court, it might be treated as a federal case because of the federal law involved. A complaint is a legal document that starts a lawsuit and explains what the person filing the lawsuit wants. A well-pleaded complaint is one that has all the necessary information for the court to understand the case.A more thorough explanation:
The complete-preemption doctrine is a rule that states that a federal law can be so powerful that it can turn a state law complaint into a federal claim. This means that even if a complaint is filed in state court, it can be treated as a federal claim because of the federal law's preemptive force.
- If a state law conflicts with a federal law, the federal law will take precedence. For example, if a state law allows the use of a certain drug that is banned by federal law, the federal law will be enforced instead.
- If a state law complaint involves an issue that is covered by a federal law, the complaint can be treated as a federal claim. For example, if a state law complaint involves a violation of a federal employment law, the complaint can be treated as a federal claim.
These examples illustrate how the complete-preemption doctrine can apply in different situations. In both cases, the federal law takes precedence over the state law, and the complaint can be treated as a federal claim because of the federal law's preemptive force.