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preemption

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.




The People's Law Dictionary by Gerald and Kathleen Hill Publisher Fine Communications