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Constitutiones Tempore Posteriores Potiores Sunt His Quae Ipas Praecesserunt
Understanding Constitutiones Tempore Posteriores Potiores Sunt His Quae Ipas Praecesserunt: A Legal Perspective
Definition & Meaning
The phrase "Constitutiones tempore posteriores potiores sunt his quae ipas praecesserunt" translates to "Later laws take precedence over those that came before." This legal maxim emphasizes that when new laws are enacted, they generally override previous laws on the same subject. This principle is crucial in maintaining an organized legal system, ensuring that the most current regulations are applied in legal matters.
Table of content
Legal Use & context
This maxim is commonly used in various areas of law, including civil, criminal, and administrative law. It is particularly relevant when interpreting statutes, regulations, or case law where conflicts between older and newer laws may arise. Users can manage legal situations involving this principle by utilizing resources like US Legal Forms, which offers templates for legal documents that comply with current laws.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, if a state passes a new traffic law that changes the speed limit on a highway, this new law will take precedence over any previous speed limit laws. (Hypothetical example.)
State-by-state differences
Examples of state differences (not exhaustive):
State
Notes
California
New laws can include specific clauses that negate older laws.
Texas
Older laws remain valid unless explicitly repealed by new legislation.
New York
New laws often clarify their precedence over older statutes.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Precedent
A previous case or legal decision that influences future cases.
Precedent refers to judicial decisions, while this maxim refers to legislative changes.
Repeal
The act of revoking a law or regulation.
This maxim indicates precedence rather than outright repeal of older laws.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where a new law may affect your rights or obligations, consider the following steps:
Review the new law and how it may impact the relevant older laws.
Consult legal resources or templates available at US Legal Forms to ensure compliance with current laws.
If the matter is complex, seek assistance from a legal professional.
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