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Can a union contract override a state law?
In California, when a union contract and state law are in conflict, then whichever provides more benefit to the employee prevails.
C Title VII can override the employment environment and conditions detailed in a written employment contract between an employer and an employee?
Yes, Title VII of the Civil Rights Act can override an employment contract if the terms in that contract conflict with the law. The contract cannot overrule because Title VII is codified law (is that the right term?) and therefore supersedes an employment contract.
What is the difference between an implied-in-fact contract and an implied-in-law contract?
An implied-in-fact contract is formed based on the parties' conduct and circumstances, while an implied-in-law contract is not based on the parties' intentions but is imposed by the law to prevent unjust enrichment.
Under what circumstances does a contract reset by operation of law?
A contract may reset by operation of law when there is a material breach by one party, a mutual agreement to cancel or modify the contract, or if the contract is deemed illegal or impossible to perform.
Can title vii override the employment environment and conditions detailed in a written employent contract between an employer and a employee?
Title VII is a federal law and an employment agreement, whether verbal or written, must conform to the law. Correct - no contract can violate a statute; any clause that did so would be void. Individual and union employment contracts can never waive Title VII rights. But individual contracts can provide an alternate dispute resolution process, parallel to EEOC investigation, and denying the employee any right to sue in court. UNION contracts can't do that. [See Gilmer v. Interstate Johnson-Lane]
Can a contract supersede the law?
No, a contract cannot supersede the law. The law always takes precedence over any agreements made in a contract.
How can a contract law overrides a constitution?
No, contracts cannot override the Constitution. You cannot contract to do something illegal. Any agreement that violates the Constitution would be considered illegal. NO, any such contract would be considered VOID and unenforcable. Just meaningless paper, not a violation of the law. And remember, the Constitution applies to, and limits ONLY governments, not private parties. Could your corporate employer offer you a contract that limits your freedom of speech? Certainly, almost all employers do so. No government could have such a contract or policy.
What happens if a veto is not override?
its not a law and will not a law
Does statutory law override consitutional law?
No.
What is a provision that designates a certain state's law or country's law that will be applied in any dispute concerning nonperformance of the contract?
Breach of Contract.
Would a Family Law Judge approve a one time lump sum settlement for back child support and alimony with the stipulation that no future action or contact be made by other party?
Not for child support as circumstances change and Welfare can override any such order.
Does Oklahoma State Law override a Last Will and Testament?
A Last Will and Testament has authority and legitimacy in any jurisdiction because and only because it has been made legitimate by the laws of that jurisdiction. That is, for a Will to be considered valid in Oklahoma, it must conform to Oklahoma law. The law does not override the Will because the will has no effect without the law in the first place.
