express repeal
Repeal by specific declaration in a new statute or main motion. [Cases: Statutes 151. C.J.S. Statutes § 280.]
Repeal by specific declaration in a new statute or main motion. [Cases: Statutes 151. C.J.S. Statutes § 280.]
express abrogation. The repeal of a law or provision by a later one that refers directly to it; abrogation by express provision or enactment.
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A statute that revokes, and sometimes replaces, an earlier statute. • A repealing statute may work expressly or by implication.
repeal, n. RESCIND(3); esp., abrogation of an existing law by legislative act. [Cases: Statutes 149–170, 232. C.J.S. Statutes §§ 143–144, 212–213, 276–291, 293–298, 300–302, 304–305.] — repeal, vb. express repeal. Repeal by specific declaration in a new statute or main motion. [Cases: Statutes 151. C.J.S. Statutes § 280.] implied repeal. Repeal by irreconcilable conflict between
repeal v. & n.撤销;废除;废止 通常指制定新的法规时,明确宣布废止原有的现行法规,即「明示」废止〔express repeal〕;或新的法规与原有法规在内容上互相牴触或互相矛盾,不可能同时并存,即「默示」废止〔implied repeal〕。「repeal」与「amendment」的区别在于:「repeal」意指通过制定新法规,从而彻底废除原法规;而「amendment」意指对现行法规的修改,原法规中的部分内容仍然有效。(→abrogation)
desuetude (des-w[schwa]-t[y]ood). 1. Lack of use; obsolescence through disuse. 2. The doctrine holding that if a statute or treaty is left unenforced long enough, the courts will no longer regard it as having any legal effect even though it has not been repealed. [Cases: Statutes 173. C.J.S. Statutes § 292.] “[T]he doctrine of desuetude has
overrule, vb. 1. To rule against; to reject (the judge overruled all of the defendant’s objections). 2. (Of a court) to overturn or set aside (a precedent) by expressly deciding that it should no longer be controlling law (in Brown v. Board of Education, the Supreme Court overruled Plessy v. Ferguson). Cf. VACATE(1). [Cases: Courts
Espionage Act. A federal law that criminalizes and punishes espionage, spying, and related crimes.18 USCA §§ 793 et seq. • Two Espionage Acts were passed. The 1917 act criminalized false statements intended to interfere with the war effort; to willfully cause or attempt to cause dissension in the armed forces; or to willfully obstruct national
lex posterior derogat priori (leks pah-steer-ee-[schwa]r der-[schwa]-gat pr I-or-I). [Latin “a later law prevails over an earlier one”] The principle that a later statute negates the effect of a prior one if the later statute expressly repeals, or is obviously repugnant to, the earlier law.
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