Also known as: overrides · overrode · overridden · overriding
Written by attorneys · grounded in primary & secondary sources — see below
A judicial or legislative action that prevails over or nullifies another rule, right, or interest. The action occurs when a higher authority or constitutional command displaces a conflicting lower rule or private preference.
Orla O'Malley, an openly gay assistant scoutmaster, sued under a state antidiscrimination statute after the Boy Scouts revoked his membership. The organization asserted that retaining him would undermine its expressive message about moral values. The court held that the statute could not override the Scouts' First Amendment right of expressive association.
Oceanview Properties held a senior mortgage on an office building and sought appointment of a receiver after default. Odyssey Logistics held a junior mortgage and also requested a receiver. Because the mortgagees had not agreed otherwise, the court ruled that the senior mortgagee's request overrode the junior request under priority rules.
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Orlando Okafor was tried for a high-profile crime. The trial judge closed the courtroom to protect witness privacy without specific findings. The appellate court reversed, holding that the First Amendment right of access could be overridden only by narrowly tailored findings of an overriding interest.
Oscar Ortiz faced criminal charges and sought to cross-examine a key prosecution witness about the witness's juvenile probation status to show bias. The trial court excluded the evidence under juvenile-record rules. The appellate court held that the Confrontation Clause overrode those protections when bias impeachment was necessary.
Owen Ortega learned from a client that another lawyer had misappropriated client funds. The client asked Owen not to report the misconduct and offered private restitution. Owen still reported the violation because the duty to report serious misconduct overrode the client's request for silence.
Odin Obeng challenged a state marriage law in federal court. The district judge struck down the statute after an extensive discussion of policy considerations. The appellate court reversed, holding that judges may not override legislative policy judgments simply because they have conducted thorough deliberations.
A constitutional right overrides a state statute when enforcement of the statute would significantly burden the protected right and the state's interest is insufficient to justify the burden. Courts require specific findings that the state interest is overriding and that any restriction is narrowly tailored.
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Mortgage priority controls receivership appointments when multiple mortgagees seek a receiver and no contrary agreement exists. A senior mortgagee prevails unless the parties have agreed otherwise or the junior mortgagee can claim a specific collateral right that the senior lacks.
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Confrontation rights can override typical protections for juvenile records when cross-examination is necessary to show bias or attack credibility. The judge must determine that the evidence would be admissible against an adult and is necessary to the accused's defense.
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A client's request for silence does not override a lawyer's duty to report another lawyer's serious misconduct. The reporting obligation prevails when the information is not itself confidential under Rule 1.6, even if the client offers private restitution.
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…"to cope with unforeseen difficulties than an office or clinic without such resources. . . . The factor of gestational age is of overriding importance." Thus, it was recommended that abortions in the second trimester and early abortions in the presence of existing medical complications be performed in hospitals as inpatient…