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Simple English definitions for legal terms

Preemption

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A quick definition of Preemption:

Preemption is when a higher law replaces a lower law when they conflict. For example, if a state law and a federal law disagree, the federal law wins because it is more important. This is called federal preemption. Sometimes, state laws can also replace local laws if they conflict. There are three types of conflicts: outright conflict, express preemption, and implied preemption. Implied preemption is when it is not clear if a state law replaces a local law, and this can be controversial. Courts use different tests to figure out if a state law replaces a local law. Sometimes, local laws can replace state laws if the issue is important to the local area and the state law does not say it cannot.

A more thorough explanation:

Overview: The preemption doctrine refers to the idea that a higher authority of law will displace the law of a lower authority of law when the two authorities come into conflict.

Federal Preemption: When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution. For example, the Voting Rights Act, an act of Congress, preempts state constitutions, and FDA regulations may preempt state court judgments in cases involving prescription drugs.

State Preemption: Similar to federal and state laws, state laws will usually prevail when state and local laws are in conflict. Typically, there are three types of conflicts regarding preemption: outright conflict, express preemption, and implied preemption. Outright conflict occurs when an ordinance directly opposes a state law. Express preemption occurs when the state law directly opposes a local power. Implied preemption occurs when the local ordinance prohibits an act permitted by the state legislature, when a local ordinance permits an act prohibited by the state legislature, or when there is clear legislative intent that the "field" is preempted by state law.

Examples: Congress has preempted state regulation in many areas, such as medical devices. In some cases, Congress preempted all state regulation. In others, such as labels on prescription drugs, Congress allowed federal regulatory agencies to set national minimum standards, but did not preempt state regulations imposing more stringent standards than those imposed by federal regulators.

Explanation: The examples illustrate how federal preemption works and how Congress can preempt state regulation in certain areas. The examples also show how state preemption works and the different types of conflicts that can arise between state and local laws.

predeceased spouse | Preemptive right

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2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
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