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supremacy clause :: legal definition


Supremacy clause - n. Article VI, section 2 of the U.S. Constitution, which reads: "This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding." Thus a Supreme Court ruling can be binding on state courts if involving a constitutional issue.


Related Law Terms

abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
Associate Justice :: n. a member of the U.S. Supreme Court appointed by ... acquitted.) See also: Supreme Court
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent
certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases).
Chief Justice :: n. the presiding judge of any State Supreme Court ... nks of existing Associate Justices.
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite
citizen :: n. person who by place of birth, nationality of on ... look this duality of nationalities.
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law.
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply.
common law :: n. the traditional unwritten law of England, based ... plied without reference to statute.
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment
conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption
constable :: n. a law officer for a particular area such as a r ... ice of the Peace. See also: sheriff
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities
controlling law :: n. the laws of the state which will be relied upon ... will be that of a particular state.
corporation :: n. an organization formed with state governmental ... ation public corporation securities
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court of equity :: n. originally in English common law and in several ... also: chancery court of law equity
court of law :: n. any tribunal within a judicial system. Under En ... aw. See also: chancery court equity
court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals.
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude
discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights
disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will
dissent :: n. 1) the opinion of a judge of a court of appeals ... sagreement with prevailing thought.
equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand
exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress
fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states.
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
full faith and credit :: n. the provision in Article IV, Section 1 of the U ... "foreign" (out-of-state) judgment.
grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional.
guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock
indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy.
international law :: n. treaties between countries; multi-lateral agree ... all nations. See also: World Court
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant.
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities.
marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors.
martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law
moot court :: n. law school exercise in which students argue bot ... fferent law schools. See also: moot
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine
occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption
opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified.
political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues.
preemption :: n. the rule of law that if the federal government ... cs control may parallel each other.
presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges.
privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights.
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
removal :: n. 1) the change of a legal case from one court to ... a crime or successful impeachment.
reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries.
retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto
ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case.
rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
separate property :: n. in community property states (California, Texas ... pouse. See also: community property
sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale
shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
statute :: n. a federal or state written law enacted by the C ... and proclamations are not statutes.
supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra.
Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
will :: n. a written document which leaves the estate of t ... will and testament probate testator

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - S

said :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."
sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale
salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck.
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage
save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify
savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market.
scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent.
scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment.
scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior
scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license.
seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today.
sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict
sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny.
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder