Supersede

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Supersede

To obliterate, replace, make void, or useless.

Supersede means to take the place of, as by reason of superior worth or right. A recently enacted statute that repeals an older law is said to supersede the prior legislation.

A superseding cause is an act of a third person or some intervening force that prevents a tortfeasor from being held liable for harm to another. A supervening act is one that insulates an actor from responsibility for negligently causing a dangerous condition that results in an injury to the plaintiff.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
(62) What functionally transpires in this new dynamic is a substitution and superseder of authority with unfettered, intimidating, and unilateral "suggestions" by an outsider, taken as "directives" by all the insiders.
Although state officials in some jurisdictions possess this "power of superseder," they have used it sparingly; (23) in other jurisdictions, its use by independent officials is altogether unavailable.
Appointments of special prosecutors arise in these ways: requests by prosecutors, (111) court order, (112) and executive superseder. (113) This Part will explore each of these approaches as a means of curbing prosecutorial power.
Executive superseder power, either by a governor or an attorney general, provides the third means by which to remove a local prosecuting attorney from a case and appoint a special prosecutor.
(152) This provision has been interpreted as bestowing broad and unilateral powers of superseder on the attorney general when required by the public interest.
New York's system for appointing special prosecutors occasionally has led to litigation, with most challenges dealing with notice and reasonableness of superseder orders.
Despite their reluctance to exercise the power of superseder and its correspondingly rare use, governors have not entirely disregarded and neglected the mechanism.
When they have exercised the power of superseder, New York governors have not limited its use to traditional cases of disqualification, such as when the local prosecuting attorney possesses a direct personal interest.