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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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18:46
do u have a dream school?
18:46
well i saw one is at fordham and one is at upenn and ik fordham isnt t14 but its better than temple and villanova
18:47
dream is duke
18:47
ooh interesting choice why Duke?
18:48
i got into fordham and so did the dumbass I was dating for like two months it’s not that hard
18:48
by which I mean if they let him in I don’t trust their standards
18:49
my dad went to duke law so i have been a fan forever
18:49
Duke is fun. I took a trip there when I was 19 or so. Really good time when I was a young rapscallion.
18:49
and ik i just dont think i gave myself enough time for a guaranteed 170+ performance
18:49
I didnt see if anyone answered my UGA question. Did anyone answer it?
18:53
@Dkkm11: are you not still a young rapscallion?
19:00
Nah, I am gray-bearded wizard.
19:02
Hmmm. I guess that’s okay.
19:03
Honestly, idk what I would call myself these days. Will probably not know until I can reflect on this part of my life which will be idk, in like 5 years when I am 32.
19:06
Does your life come in 5 year epochs typically?
19:06
Someone told me a while ago that I was probably molested as a kid because I don’t really have any clear memories of my childhood. But I don’t think I was.
1a2b3c4d26z
19:10
Inside thoughts!
19:10
this is where I post my inside thoughts
19:11
Nah, the fucked up thing about therapists is they try and make you think your parents are your enemy 99% of the time and really they should be telling you that your parents have almost no effect on the rest of your life. If they can get you to keep focusing on your parents they can keep making money.
19:12
Yeah, my life really does flow in about 5 years periods.
19:12
My crypto also flows in 5 day epochs too.
19:16
what do you do with your days as an unemployed crypto guy? do you play an instrument or something
19:47
please lawd
19:47
forgive me
19:47
its time to go back to tha old me
19:50
this is what i feel like when i get one single drill question right
19:50
when u get one wrong ;(
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