Legal Definitions - supersede

Supersede means to replace something with something else that then takes its place and makes the original no longer valid, effective, or applicable. In a specific legal context, it can also refer to the act of temporarily stopping the enforcement of a court's judgment while an appeal is underway, typically by providing a financial guarantee known as a supersedeas bond.

• Example 1 (General Replacement): A state legislature passes a new environmental protection law that includes a clause stating, "This act shall supersede all prior statutes concerning industrial waste disposal."

  Explanation: In this scenario, the new environmental law *supersedes* all older laws on the same topic. This means the previous statutes are no longer valid or enforceable; the new law has taken their place and is now the governing legal authority for industrial waste disposal.

• Example 2 (Contractual Replacement): A landlord and tenant sign a new lease agreement for their apartment, which explicitly states, "This lease agreement supersedes any and all prior rental agreements, whether written or oral, between the parties concerning the premises."

  Explanation: Here, the new lease agreement *supersedes* any previous arrangements. This ensures that only the terms of the most recent, signed document are legally binding, making any older agreements or informal understandings irrelevant.

• Example 3 (Halting Judgment Enforcement on Appeal): After a court orders a company to pay a competitor $500,000 for patent infringement, the company decides to appeal the decision. To prevent the competitor from immediately collecting the money while the appeal is pending, the company posts a substantial supersedeas bond with the court.

  Explanation: By posting the bond, the company *supersedes* the judgment. This action temporarily halts the enforcement of the $500,000 payment order. The money will not be paid out until the appellate court reviews the case and issues its final decision. If the appeal is unsuccessful, the competitor can then claim the funds from the bond.