Supremacy Clause

What supremacy clause means

In short, supremacy clause is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where supremacy clause comes up

The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.

Read the source: Constitution.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses supremacy clause in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the current federal court rules online for free.

Related legal terms

• Summary judgment: judgment without a trial because there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
• Summons: a court-issued document that notifies a defendant of a lawsuit and the time to respond. It is served with the complaint.
• Supersedeas bond: a bond posted by a party appealing a money judgment to stay enforcement of the judgment while the appeal is pending. Under Federal Rule of Civil Procedure 62(b), a party may obtain a stay by providing a bond or other security.
• Superseded: replaced by something later that takes its place. A statute, rule or regulation is superseded when a later enactment replaces it, and a court decision may be "superseded by statute." In civil cases, an amended pleading generally supersedes the original, so the amended version becomes the operative pleading.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.