- preemption
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pre·emp·tion /prē-'emp-shən/ n [Medieval Latin praeemption- praeemptio previous purchase, from praeemere to buy before]1 a: the right of purchasing before others: preemptive rightb: a right to purchase a tract of public land before others that was given by the government to the actual occupant of the land◇ This sense of preemption is primarily of historical importance.2: a doctrine in conflicts of law: when a superior government (as of a state) has undertaken to regulate a subject its laws supersede those of an inferior government (as of a municipality)◇ According to the doctrine of preemption, federal law supersedes state law when federal law is in conflict with a state law on a subject or when there is congressional intent to regulate a subject to the exclusion of the states. Federal preemption is based on the supremacy clause of the U.S. Constitution and is closely related to the powers granted Congress in the commerce clause.3: an act or instance of preempting
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
- preemption
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n.(1) Acting before someone else; forestalling.(2) Purchasing something before someone else has the opportunity to do so.(3) A doctrine holding that federal laws take precedence over state laws in certain situations, and that states may not pass laws that are inconsistent with federal ones.
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
- preemption
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1) The principle that a federal law supercedes a state law (and a state law supercedes a local law) where both governments have made laws on the same subject and the laws conflict.2) The right of purchasing before others (for example, a preemptive right).Category: Business, LLCs & CorporationsCategory: Small Claims Court & Lawsuits
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
- preemption
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n.1 In law, the doctrine coming from the Supremacy Clause of the United States Constitution asserting that in legislation on the same subject, federal legislation takes supremacy over state or local laws.2 The right to buy something before anybody else.3 An earlier seizure of some property, real or personal.
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
- preemption
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A doctrine based on the SUPREMACY CLAUSE of the U.S. Constitution that holds that certain matters are of such a national, as opposed to local, character that federal laws preempt or take precedence over state laws. As such, a state may not pass a law inconsistent with the federal law.A doctrine of state law that holds that a state law displaces a local law or regulation that is in the same field and is in conflict or inconsistent with the state law.
Dictionary from West's Encyclopedia of American Law. 2005.
- preemption
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A doctrine based on the supremacy clause of the U.S. Constitution that holds that certain matters are of such a national, as opposed to local, character that federal laws preempt or take precedence over state laws. As such, a state may not pass a law inconsistent with the federal law.A doctrine of state law that holds that a state law displaces a local law or regulation that is in the same field and is in conflict or inconsistent with the state law.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
- preemption
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n.the rule of law that if the federal government through Congress has enacted legislation on a subject matter it shall be controlling over state laws and/or preclude the state from enacting laws on the same subject if Congress has specifically stated it has "occupied the field." If Congress has not clearly claimed preemption, a federal or state court may decide the issue on the basis of history of the legislation (debate in Congress) and practice. Example: federal standards of meat or other products have preempted state laws. However, federal and state legislation on narcotics control may parallel each other.
Law dictionary. EdwART. 2013.
