Questions tagged [legislative-intent]

How to assess the intent of a legislature; or the assessment of a legislature's intent in a particular circumstance by reference to legislative history, intrinsic and extrinsic evidence, stated purpose, etc.

Legislative intent is one factor considered by some courts when conducting statutory interpretation.

It is also an avenue for academic legal analysis/critique of a particular statute or a court's treatment of a statute.

The intent of a legislature can be gleaned from:

  • legislative evolution (the way a statute amends an already-existing Act)
  • legislative history, including the drafting history, speeches on the floor of the legislature
  • material available to the legislators, including white papers, research notes, evidence presented at committee
  • the nuisance being tackled by the legislation
  • express declaration of purpose in the statute's text, often in a preamble
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What happens if a law contains an error of fact?

If a law is passed that contains a demonstrably false statement or assumption about the world, how is it generally interpreted? For example, laws will often list a category of things, and then give examples of specific things in the category. It is…
interfect
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Why don't laws have examples?

I've never seen examples listed under a law, but it'd make them a lot less ambiguous and easier to understand. For example, the 4th amendment (a law I'm familiar with) could've given a few examples of reasonable and unreasonable searches and…
philn
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Can bills (the documents of laws/legislation) have pictures? Or text only? Can images become part of the legal code?

Asking out of plain curiosity. I tried googling, but just couldn't find a combination of keywords that didn't bring up irrelevant results. Laws become law when the congress approves of a "bill" - a document that dictates and explains the terms of…
Hemsy19
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Are legislators ever asked to explain their intent in Supreme Court cases?

I recently started to listen to recordings of arguments before the Supreme Court. I am not a lawyer so I don't completely follow everything, but I noticed right away that a lot of arguments deal with the intent of this or that law. Given that this…
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Why is place of birth shown on European driving licences?

Driving licences issued by the EEA-countries display the place of birth of the license holder. Why is this information so important that it needs to be on the driving license? I've tried to research this topic but all answers boil down to the fact…
MrCool
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Why *must* a defendant be present during a criminal trial?

The Sixth Amendment guarantees: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury.... I recently discovered that, in general, these "rights" are not optional! For example, under…
feetwet
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Has the application of a law ever being appealed anywhere due to the lawmakers not knowing what they were voting/ruling?

Suppose a lawmaker presents a law project, with a highly technical vocabulary, and effectively most of the lawmakers don't really understand what they are voting, even though they think so or pretend to. Has the application of a law ever being…
Pablo
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If legislative intent is considered when interpreting laws, why don't lawmakers attach a note to the law explaining their intentions?

When a judge is deciding whether a law applies to a particular case, they often look at historical documents or transcripts of legislative proceedings to determine whether the lawmakers would've intended the law to apply in this case. For instance…
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How can I learn information about the purpose, background, and other context of recent U.K. legislation?

Suppose I would like to know the purpose of an Act, or how it relates to other Acts or international obligations. How can I learn information about the purpose, background, and other context of recent U.K. legislation?
Jen
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Does credit need to be immediate after using the material?

Say I am having an article in a website and there is a material that I'm allowed to use or transform with the requirement of giving credit. Does that mean the credit needs to be immediately after I use the material? Am I allowed to put the credit…
Ooker
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s 4(3) Theft Act 1968 — Why is picking wild produce on another person's land not theft?

I don't understand this law. Surmise that a wild berry shrub grows on my back yard that's unfenced. I don't cultivate it or do anything – no watering. I invite my piano student to my house – thus no trespassing – no watering, and he picks berries…
user89
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How would the law handle a "merge conflict"?

Imagine this scenario: Bill A is passed, creating Law A. Bill B is passed. It modifies some parts of Law A, plus it adds some laws that depend on it and some laws that do not. A court rules that Bill A was not validly passed and must be…
Purple P
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When does a bill become law?

I am confused by both of these NJ bills: A5217 and A1969 Both are nearly identical, and both indicate "Be it enacted". Are they now the law? They appear to modify existing law. Nevertheless, that they both appear on the legislative agenda, I…
Andrew Jay
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Ambiguous legislation and government advice

When legislation wording is ambiguous enough to potentially conflict with government advice interpreting that legislation elsewhere, how do the courts resolve the ambiguity? For example, in New Zealand, holiday pay is dealt with under the Holidays…
user4210
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Why does the US FLSA have a separate classification for "Computer Employees"?

I've been reading a Fair Labor Standards Act fact sheet. I don't understand why "Computer Employees" are classified differently from Professional employees. What is the justification for that difference?
Ethan Reesor
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