Federal Treaty Controls State Debt
Nora Nash holds a state bond issued before the Constitution's adoption. A state law attempts to discharge the obligation. The federal treaty nevertheless requires payment of the debt in full.
Also known as: despite
Written by attorneys · grounded in primary & secondary sources — see below
A preposition or adverbial phrase indicating that one legal provision or obligation takes effect despite a potentially conflicting rule, fact, or circumstance.
Nora Nash holds a state bond issued before the Constitution's adoption. A state law attempts to discharge the obligation. The federal treaty nevertheless requires payment of the debt in full.
Nina Nielsen receives a court order to testify about a prior statement. She refuses despite the order. The court treats her as unavailable for hearsay purposes.
Nolan Nunez learns his client intends to use legal services to commit fraud. The client persists after the lawyer explains the limits. The lawyer must withdraw from the representation.
Select any source to read its text and confirm it supports the definition.
Norman Nash and Nia Nkosi enter an enforceable written contract subject to the statute of frauds. They later agree orally to rescind all unperformed duties. The oral agreement discharges those duties.
Noreen Nguyen invites guests onto property containing an obvious hazard. The guests know of the danger. The landowner incurs no liability for resulting harm.
Nexus Technologies challenges an executive order limiting entry by nationals from certain countries. The order states a national security purpose rationally related to its terms. The order survives constitutional review despite contrary statements by officials.
It signals that the provision at issue applies even though another rule or fact might suggest a different result. Primary authorities use the term to override potential conflicts, such as state laws conflicting with federal authority or procedural bars that would otherwise prevent relief.
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No. The term qualifies only the specific conflict identified in the text. For example, an oral rescission discharges duties under an enforceable contract notwithstanding the statute of frauds, yet the statute may still apply to a contract rescinding a property transfer.
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It confirms that a declarant remains unavailable when the declarant refuses to testify despite a court order. The refusal satisfies the unavailability criterion even if other circumstances might otherwise suggest the declarant could appear.
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Yes. A lawyer must withdraw when a client persists in using the lawyer's services for crime or fraud despite the lawyer's warnings, and the term underscores that the duty to withdraw applies regardless of other considerations.
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It preserves rational basis review for an executive order that states a national security purpose, even when statements by officials suggest improper animus. The term confirms that the stated purpose controls the analysis.
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…state court have upon the propriety of the federal court's granting relief to him as a plaintiff-intervenor? A. Jane Roe. Despite the use of the pseudonym, no suggestion is made that Roe is a fictitious person. For purposes of her case, we accept as true, and as established, her existence; her pregnant state, as of…