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Simple English definitions for legal terms
implied repeal
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A quick definition of implied repeal:
Implied repeal is when a new law or rule conflicts with an old one, and the old one is considered to be cancelled or no longer valid without being explicitly stated. This means that the new law or rule takes precedence over the old one, even if the old one was not specifically repealed. It is also known as repeal by implication.
A more thorough explanation:
Implied repeal is the process of canceling an existing law without explicitly stating it in a new law or motion. This happens when a new law or motion conflicts with an old law or motion, making it impossible to follow both.
For example, let's say there is a law that requires all cars to have a maximum speed limit of 50 miles per hour. Later, a new law is passed that requires all cars to have a minimum speed limit of 60 miles per hour. These two laws cannot be followed at the same time, so the old law is considered repealed by implication.
Another example is if there is a law that prohibits smoking in all public places, but a new law is passed that allows smoking in bars and restaurants. The old law is no longer valid in those specific places, so it is considered repealed by implication.
These examples illustrate how implied repeal works. When two laws or motions conflict with each other, the newer one takes precedence and the older one is considered repealed, even if it is not explicitly stated.