Supersedeas Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Supersedeas, written in plain English, along with examples of how it is used.
What is Supersedeas?
(n)Supersedes is the order, judgement, proclemation outcome etc which suppress the order, judgment, proclamation etc of a lower authority to stop implementation of the order issued by the subordinate. If a lower court remand a person to police custody and upper court grants bail the order of the upper court supersedes the order remanding the person
History and Meaning of Supersedeas
Supersedeas is a legal term that originates from the Latin word 'supersedeo', meaning to sit above or abstain. In its legal context, a Supersedeas is an order that suspends or stays the judgment or execution of a lower court, pending the outcome of an appeal or a higher court's review.
Historically, Supersedeas was an essential concept in common law jurisdictions where appeals were common. The principle was established to prevent the prejudicial effects of an erroneous judgment by a lower court. It prevents the implementation of an order issued by a subordinate court by superseding it with a higher court's order, which provides the individual with relief or stay.
Examples of Supersedeas
In a criminal case, a defendant found guilty by a lower court may file an appeal to a higher court. If the higher court grants a Supersedeas, the defendant's sentence is stayed or suspended, allowing them to stay out of jail while they await the appeal outcome.
A lower court could order the immediate eviction of a tenant found to be behind on rent based on a landlord's complaint. The tenant could file an appeal and request a Supersedeas from a higher court, which suspends the lower court's order.
A judgment debtor could file a Supersedeas bond to stay the execution of a lower court's judgment against them, pending the outcome of an appeal.
Legal Terms Similar to Supersedeas
- Stay - an order that temporarily suspends court proceedings or judgment execution, pending a court's decision on an appeal.
- Injunction - a court order that prohibits an individual or entity from performing specific actions or directs them to perform particular actions.
- Writ - a court order requiring an individual or entity to perform a specific action or cease from doing a particular activity.