Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Garmon preemption
Labor law. A doctrine prohibiting state and local regulation of activities that are actually or arguably (1) protected by the National Labor Relations Act's rules relating to the right of employees to organize and bargain collectively, or (2) prohibited by the National Labor Relations Act's provision that governs unfair labor practices. San Diego Bldg. Trades Council v. Garmon, 359 U.S. 236, 79 S.Ct. 773 (1959). - Also termed Garmon doctrine. See COLLECTIVE BAR. GAINING; UNFAIR LABOR PRACTICE.
Machinists preemption
Labor law. The doctrine prohibiting state regulation of an area of labor activity or management-union relations that Congress has intentionally left unregulated. Lodge 76, Int'l Assn of Machinists v. Wisconsin Employment Relations Comm'n, 427 U.S. 132, 96 S.Ct. 2548 (1976).
Preempt
ub. 1. Civil law. To quash do away with, or extinguish. 2. Slang. To exer. cise a peremptory challenge.
Preemption
n. 1. The right to buy before others. See RIGHT OF PREEMPTION. 2. The purchase of something under this right. 3. An earlier seizure or appropriation. 4. The occupation of public land so as to establish a preemptive title. 5. Constitutional law. The principle (derived from the Supremacy Clause) that a federal law can supersede or supplant any inconsistent state law or regulation. -Also termed (in sense 5) federal preemption. -preempt, ub. - preemptive, adj. See CoMPLETE-PREEMPTION DOCTRINE.
complete-preemption doctrine
The rule that a federal statute's preemptive force may be so extraordinary and all-encompassing that it converts an ordinary state-common-law complaint into one stating a federal claim for purposes of the well-pleaded-complaint rule.
federal preemption
See PREEMPTION (5).
preemption claimant
One who has settled on land subject to preemption, intending in good faith to acquire title to it.
preemption right
The privilege to take priority over others in claiming land subject to preemption. ( The privilege arises from the holder's actual settlement of the land.
preemptive right
A shareholder's privilege to purchase newly issued stock - before the shares are offered to the public - in an amount proportionate to the shareholder's current holdings in order to prevent dilution of the shareholder's ownership interest. 9 This right must be exercised within a fixed period, usu. 30 to 60 days. - Also termed subscription privilege. See SUBSCRIPTION RIGHT. Cf. rights offering under OFFERING.
right of preemption
A potential buyer's contractual right to have the first opportunity to buy, at a specified price, if the seller chooses to sell. ( For example, if Beth has a right of preemption on Sam's house for five years at $100,000, Sam can either keep the house for five years (in which case Beth's right expires) or, if he wishes to sell during those five years, offer the house to Beth, who can either buy it for $100,000 or refuse to buy, but if she refuses, Sam can sell to someone else. - Also termed first option to buy. Cf. RIGHT OF FIRST REFUSAL.