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Override

An arrangement whereby commissions are made by sales managers based upon the sales made by their subordinate sales representatives. A term found in an agreement between a real estate agent and a property owner whereby the agent keeps the right to receive a commission for the sale of the property for a reasonable time after the agreement expires if the sale is made to a purchaser with whom the agent negotiated prior to the expiration of the agreement.

override

verb act despite, annul, cancel, counteract, countermand, crush, defeat, discard, dismiss, disregard, do away with, dominate, flout, fly in the face of, ignore, make ineffectual, make null and void, make void, neglect, nullify, outweigh, overcome, overpower, overrule, overturn, pass over, prevail over, quell, reverse, revoke, set aside, subdue, supersede, surpass, take no account of, take precedence, thwart, upset
Associated concepts: override a veto, overriding state in terest
See also: abolish, abrogate, beat, browbeat, cancel, command, defeat, foil, frustrate, insist, invalidate, negate, nullify, overlap, overrule, preclude, predominate, prevent, repeal, repudiate, rescind, revoke, supersede, thwart
References in periodicals archive ?
McLean Credit Union, (214) another decision overridden in the 1991 CRA, stands in sharp contrast to these shadow precedents.
By definition, the application of shadow precedents depends on a showing that a given factual scenario is, at least in some respects, relevantly similar to the overridden case (albeit at least arguably not addressed by the language of the override itself).
I propose two interrelated interpretive conventions that would achieve this objective: (1) a rebuttable presumption that Congress, in overriding a nonconstitutional judicial decision interpreting a statute, rejects the court's interpretation of the preexisting statutory language and thus that "fresh" statutory analysis is required; and (2) a rule that those aspects of the overridden precedent are no longer binding on lower courts.
The first aspect of the proposal--that courts should do "fresh" analysis of the statutory text that triggered the override with a rebuttable presumption that the court's prior interpretation is superseded--builds on the discussion of congressional drafting in the previous subpart that showed it often can be difficult for Congress to comprehensively address every potential application of an overridden precedent.
Thus, a helpful reform would simply be to characterize applications of an overridden precedent that are not explicitly addressed by the statutory override language as congressional "silence" rather than acquiescence.
A presumption against relying on overridden precedent would require courts to do "fresh" statutory analysis, not only of the language of the override but also of the preexisting statutory language.
If the overridden decision itself was a departure from relatively uniform prior judicial or agency interpretations of the statutory language, Congress might reasonably be understood as intending to return to such earlier interpretations.
Second, I propose that enactment of an override should be interpreted as sufficient to supersede relevant aspects of the overridden precedent such that it is no longer binding authority on lower courts.