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Intention of a law passed by a legislature
In law, the legislative intent of the legislature in enacting legislation may sometimes be considered by the judiciary to interpret the law (see judicial
Legislative_intent
1892 United States Supreme Court case
the Supreme Court's most frequently cited examples of the use of legislative intent to modify a statute's apparent plain meaning. It is also widely noted
Church of the Holy Trinity v. United States
Church_of_the_Holy_Trinity_v._United_States
Constitutional doctrine
committee reports or sponsors' statements as authoritative evidence of legislative intent. These judges base their resistance to that interpretive practice
Textualism
Judicial interpretation of statutory law
its plain meaning, and this court will not search for legislative intent; rather, that intent must be gathered from the plain meaning of the language
Statutory_interpretation
Statutory provision overriding other laws
or "notwithstanding any law to the contrary". It signals a clear legislative intent that the provision should take precedence over any inconsistent statutory
Notwithstanding_clause
United States law
enforcement measures have been periodically enhanced since 1975. The legislative record on H.R. 3734 is silent on whether or why Congress intended to
42_U.S.C._§_652(k)
United States federal law
Hatch's introductory remarks discuss Paroline and emphasize the bill's intent to solve the Court's question of who bears the burden of seeking out all
Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018
Amy,_Vicky,_and_Andy_Child_Pornography_Victim_Assistance_Act_of_2018
Legal doctrine
notwithstanding. As in purposivism, tools such as legislative history are often used. One example of original intent is in Freeman v. Quicken Loans Inc., [2012]
Original_intent
United States federal crime
Reconstruction Amendments in the aftermath of the American Civil War. The legislative intent of the statute was aimed towards election offenses which interfered
Conspiracy_against_rights
Materials generated as legislation is drafted and enacted
a legislature's intent in enacting a law, although jurists disagree widely about the extent (if any) to which a statute's legislative history has bearing
Legislative_history
California artists' moral rights law
, 280 Cal. Rptr. 535, 537-40 (Cal. Ct. App. 1991)(discussing the legislative intent behind CAPA). See Gantz, Karen (1981). "Protecting Artists' Moral
California Art Preservation Act
California_Art_Preservation_Act
English rule of statutory interpretation
when the statute was passed to remedy a defect in the common law. Legislative intent is determined by examining secondary sources, such as committee reports
Mischief_rule
Regulation and licensure in engineering is established by various jurisdictions of the world to encourage life, public welfare, safety, well-being, the
Regulation and licensure in engineering
Regulation_and_licensure_in_engineering
Type of jury verdict in criminal trials
the law. Such a pattern may indicate public opposition to an unwanted legislative enactment. It may also happen that a jury convicts a defendant even if
Jury_nullification
The Georgia Security and Immigration Compliance Act requires that all public employers, contractors and subcontractors register and comply with the federal
Georgia Security and Immigration Compliance Act
Georgia_Security_and_Immigration_Compliance_Act
Errors in drafting laws
in both cases, courts upheld Congressional intent. Sometimes courts refuse to apply legislative intent that conflicts with the text of the law, as in
Legislative_drafting_error
2015 United States Supreme Court case
whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter; for the court as well
King_v._Burwell
Sufficient legal justification for suing
"relied upon in determining legislative intent." "The ultimate question," the Court concluded, "is one of legislative intent, not one of whether this Court
Cause_of_action
Book by Robert Bork
however, have pointed out that Bork was wrong in his analysis of the legislative intent of the Sherman Antitrust Act of 1890 and have criticized him for incorrect
The_Antitrust_Paradox
New Zealand legal academic working in the United Kingdom
deliberation, about the constitutional role of the courts." The Nature of Legislative Intent (Oxford University Press, 2012) (with NW Barber and Paul Yowell, eds
Richard_Ekins
Oversight by the US Congress over the Executive Branch
information to develop new legislative proposals or to amend existing statutes ensure administrative compliance with legislative intent prevent executive encroachment
Congressional_oversight
Bicameral legislature of California
and Senate until the video feed began. As a result, reconstructing legislative intent outside of an act's preamble is extremely difficult in California
California_State_Legislature
Ongoing Indian LGBT rights case law
a law to give effect to its legislative intent. It is not permissible for the Judiciary to change the entire legislative policy of the country deeply
Supriyo_v._Union_of_India
Moral virtue and practice
Unwrapped. Retrieved 2020-05-27. MacCallum, Gerald Cushing (1993). Legislative Intent and Other Essays on Law, Politics, and Morality. Univ of Wisconsin
Integrity
American legal academic (born 1961)
"Continuity and the Legislative Design". Notre Dame Law Review. 79 (5): 1863–1889. Manning, John F. (April 2005). "Textualism and Legislative Intent". Virginia
John_F._Manning
American lawyer (born 1955)
disregarded legislative intent in favor of their personal ideologies. Gonzales's opinion dealt mostly with how to establish legislative intent. He wrote
Alberto_Gonzales
2015 internet controversy
the control and management of human remains; to provide relative to legislative intent; to provide definitions; to provide penalties; to provide exemptions;
Boneghazi
the courts will use statements made in the legislature to interpret legislative intent, provided the statements are sufficiently precise and the legislation
Probing_amendment
Ways courts interpret laws, especially Constitutional laws
"shaped by the Court's own jurisprudence", according to Finn. Founders' Intent involves judges trying to gauge the intentions of the authors of a statute
Judicial_interpretation
Legal interpretation doctrine
different theories of constitutional interpretation and can refer to original intent or original meaning. Critics of originalism often turn to the competing
Originalism
1962 US federal civil forfeiture case
ruling was against the legislative intent of the Gold Reserve Act. The court replied that it was up to Congress to make their intent clear and that the enacted
United States v. One Solid Gold Object in Form of a Rooster
United_States_v._One_Solid_Gold_Object_in_Form_of_a_Rooster
19th century when the law was drafted, in an effort to discern the legislative intent. County officials cited the work of Aleš Hrdlička in arguing that
Roldan_v._Los_Angeles_County
Constitutional legal theory by Adrian Vermeule
background principles of the natural law. In other words, while the legislative intent is not per se controlling, positive law always seeks to put into effect
Common_good_constitutionalism
such act." California law makes public protection paramount. The legislative intent is that protection of the public shall be the highest priority of
Engineering_law
American legal scholar (born 1967)
few. See, e.g., Richard H. Fallon, Jr., Constitutionally Forbidden Legislative Intent, 130 Harv. L. Rev. 523, 576 (2016); Abbe R. Gluck, Intersystemic Statutory
Adam_Winkler
Legal concept
sive necessitatis Originalism (original meaning) Original intent (legislative intent, legislative history) Purposive approach Strict constructionism Textualism
Reasonableness
Provision of the Human Rights Act 1998
Rights Act. In these cases, interpretation to comply may conflict with legislative intent. It is considered a measure of last resort. A range of superior courts
Sections 4 and 10 of the Human Rights Act 1998
Sections_4_and_10_of_the_Human_Rights_Act_1998
proposing amendments to the United States Constitution; providing legislative intent; amending Title 67, Idaho Code, by the addition of a new Chapter 93
List of rescissions of Article V Convention applications
List_of_rescissions_of_Article_V_Convention_applications
Legal doctrine in the United States
sive necessitatis Originalism (original meaning) Original intent (legislative intent, legislative history) Purposive approach Strict constructionism Textualism
Judicial_override
Campaign pledge by Barack Obama
light of day without attaching signing statements that undermine the legislative intent. — Barack Obama 2008 presidential campaign In 2009, when a congressional
Sunlight_before_signing
Principle of statutory interpretation
its role in modern jurisprudence is less clear. Today, determining legislative intent is a critical job that arises from the distinct and separate roles
Rule_of_lenity
Rule established in an earlier legal case
detail. This is the result of the legislative positivist view that the court is only interpreting the legislature's intent and therefore detailed exposition
Precedent
U.S. state flag
legislature, nor does Georgia state law provide for a statement of legislative intent when a bill is introduced, although former U.S. congressman James
Flag_of_Georgia_(U.S._state)
participates in the process of ratification, so that ratification becomes a legislative act, and the treaty becomes effective in international law and in municipal
Monism and dualism in international law
Monism_and_dualism_in_international_law
Legal doctrine
became 18 U.S.C. § 2(a). Section 2(b) was also added to make clear the legislative intent to punish as a principal not only one who directly commits an offense
Aiding_and_abetting
sive necessitatis Originalism (original meaning) Original intent (legislative intent, legislative history) Purposive approach Strict constructionism Textualism
Judicial_discretion
Legal doctrine
This, supporters argued, avoided the dubious issue of an unexpressed legislative intent on which the Sorrells court had relied and instead grounded the entrapment
Entrapment
1982 United States Supreme Court case
justify that interpretation, Chatoff pointed to the legislative record arguing it was the intent of the legislation rather than the text of the statute
Board of Education of the Hendrick Hudson Central School District v. Rowley
Board_of_Education_of_the_Hendrick_Hudson_Central_School_District_v._Rowley
American philosopher
Political Philosophy (Englewood Cliffs: Prentice-Hall, 1987) and Legislative Intent and Other Essays on Law, Politics, and Morality (University of Wisconsin
Gerald_C._MacCallum_Jr.
Software engineering terminology
rule-administration and rule-adjudication. Factors impacting deployment include the legislative intent, the administrative capacity of the deploying bureaucracy, interest
Deployment_management
In criminal law, the "guilty mind"
are legislatively proscribed due to the imposition of "absolute liability." Strict liability crimes will require evidence of such legislative intent, and
Mens_rea
Ability of courts to review actions by executive and legislatures
Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a
Judicial_review
1804 United States Supreme Court case
has provided, even if the executive action was compatible with the legislative intent. A Presidential executive order was invalidated because the President
Little_v._Barreme
Person who writes and passes laws
the intent of the legislator will be questioned, and the court is directed to rule in the direction it judges to best fit the legislative intent, which
Legislator
1967 Arizona state law
393–394. ISBN 978-1604423907. Schaumberg, Dianne. "Legislative Intent of ACFA" (PDF). Legislative Intent Services, Inc. Retrieved 3 April 2018. Smith, Eleanor
Arizona_Consumer_Fraud_Act
California statute
impose class action requirements on PAGA actions was not contrary to legislative intent, nor would it violate defendants' right to due process. In Huff v
Private_Attorneys_General_Act
Principle of interpretation in United States law
separation of powers principles and a practical understanding of legislative intent make us 'reluctant to read into ambiguous statutory text' the delegation
Major_questions_doctrine
Upper house of the state legislature of Karnataka
The Karnataka Legislative Council (formerly the Mysore Legislative Council) is the upper house of the state legislature of Karnataka in India. Karnataka
Karnataka_Legislative_Council
Concepts in the philosophy of law
discussed when they are in opposition. "Law" originally referred to legislative statutes,[citation needed] but in the idiom it may refer to any kind
Letter_and_spirit_of_the_law
1993 U.S. joint resolution on Hawaii
Legislative statements in a preamble may help a court interpret the operative clauses of a particular statute by clarifying the legislative intent, but
Apology_Resolution
United States legal philosophy in which judges must interpret laws exactly as written
used in such cases, rather than literal reading of a law or of original intent. The absurdity doctrine is a doctrine in legal theory, also known as "scrivener's
Strict_constructionism
Award
Force Office of the Judge Advocate General. Peterson referenced the legislative intent, noting that "the military members held captive in Iran when the US
Prisoner_of_War_Medal
capacity, he serves as a primary spokesperson for the Assembly's legislative intent, often clarifying the House's position on investigations, for example
Lawal_Husain
Principle of international law from which no derogation is permitted
sive necessitatis Originalism (original meaning) Original intent (legislative intent, legislative history) Purposive approach Strict constructionism Textualism
Peremptory_norm
Theoretical study of law
sive necessitatis Originalism (original meaning) Original intent (legislative intent, legislative history) Purposive approach Strict constructionism Textualism
Jurisprudence
American legal scholar (1952–2025)
121 Harv. L. Rev. 1693 (2008) Fallon, Constitutionally Forbidden Legislative Intent, 130 Harv. L. Rev. 523 (2016) Fallon, Law and Legitimacy in the Supreme
Richard_H._Fallon_Jr.
Louisiana law directing schools to display the Ten Commandments
schools was unconstitutional, on the grounds that such display had the intent of promoting religion. Louisiana State Representative Dodie Horton introduced
House_Bill_71
matters of legislative intent his background added a needed perspective that was missing from the court. He further argued that his legislative experience
1983 Wisconsin Supreme Court election
1983_Wisconsin_Supreme_Court_election
Norms in international relations
sive necessitatis Originalism (original meaning) Original intent (legislative intent, legislative history) Purposive approach Strict constructionism Textualism
International_law
Controversial judicial practice
Kelly, July 30, 2006. Governing With the Charter: Legislative And Judicial Activism And Framer's Intent (Law and Society Series) (UBC Press Publishers)
Judicial_activism
American criminal law statute
prospective application contained in the statute itself, any contrary legislative intent contained in Section 2(g) is inapposite. As to the other operative
California Racial Justice Act of 2020
California_Racial_Justice_Act_of_2020
Law created by judicial precedent
limits on inferring a private cause of action, and then shifting to legislative intent test...Justice Lewis Powell put it most forthrightly in his dissent
Common_law
The regulation of chemicals is the legislative intent of a variety of national laws or international initiatives such as agreements, strategies or conventions
Regulation_of_chemicals
Act of the Parliament of the United Kingdom
interpret a statute so as to give it a meaning that would conflict with legislative intent, and courts have been reluctant in particular to "read out" provisions
Human_Rights_Act_1998
Type of license agreement
"Computer Software as Copyrightable Subject Matter: Oracle V. Google, Legislative Intent, and the Scope of Rights in Digital Works". Harvard Journal of Law
Free_license
Islamic legal term referring to independent reasoning
sive necessitatis Originalism (original meaning) Original intent (legislative intent, legislative history) Purposive approach Strict constructionism Textualism
Ijtihad
Theoretical legal structure
sive necessitatis Originalism (original meaning) Original intent (legislative intent, legislative history) Purposive approach Strict constructionism Textualism
Polycentric_law
Someone who attempts to sit on a jury in order to influence the outcome of the legal case
sive necessitatis Originalism (original meaning) Original intent (legislative intent, legislative history) Purposive approach Strict constructionism Textualism
Stealth_juror
EU regulation on information privacy
scope and rationale for the regulatory provisions, as well as its legislative intents – Recital 4, for instance, begins by saying that the processing of
General Data Protection Regulation
General_Data_Protection_Regulation
Source which attempts to explain the text of a primary legal authority
(this may reveal legislative intent) Other similar materials In the United States, various legal scholars disagree over whether legislative histories in the
Secondary_authority
American lawyer and jurist (born 1952)
clerked for Friendly), cited Friendly's book as supporting the use of legislative intent, writing that Roberts was relying on "'canons' of statutory construction
Merrick_Garland
American politician (born 1974)
of state agency programs to assess how effectively they implement legislative intent. He was also appointed to the Appropriations Committee. Among the
John_Kuehn
Prison in Concord, Massachusetts
prison sentence). Platt v Commonwealth, 256 mass 695,697 (1926) (Legislative intent of Reformatory). Peter Rockholz, consultant for Connecticut Criminal
Massachusetts Correctional Institution – Concord
Massachusetts_Correctional_Institution_–_Concord
2025 US Supreme Court case
legal duty. Associate Justice Neil Gorsuch dissented, opining that legislative intent should only be used to resolve statutory ambiguity, whereas the challenged
Delligatti_v._United_States
Immunity of judges from the law
proper jurisdiction, even if a decision is made with "corrupt or malicious intent". By way of counterexample: in 1997 West Virginia Judge Troisi became so
Judicial_immunity
English rule of statutory interpretation
fundamental principles: that courts must interpret statute "according to the intent of them that made it", and that "the words of the statute speak the intention
Golden_rule_(law)
Provision of the Human Rights Act 1998
be in compliance. They do not interpret statutes to conflict with legislative intent, and courts have been reluctant in particular to "read out" provisions
Section 3 of the Human Rights Act 1998
Section_3_of_the_Human_Rights_Act_1998
American jurist and philosopher (1872–1961)
or when it seemed contradictory, Hand set himself to interpret the legislative intent. Sometimes he was obliged to draw the line between federal and state
Learned_Hand
American criminal case
1965, to "he reasonably believes" in Penal Law § 35.15 evinced a legislative intent to conform to the subjective standard .... This argument, however
People_v._Goetz
Legal concept meaning powers are exceeded
sive necessitatis Originalism (original meaning) Original intent (legislative intent, legislative history) Purposive approach Strict constructionism Textualism
Ultra_vires
1979 United States Supreme Court case
from engaging in a general prohibited behavior). Does legislative history express a legislative intent to create or deny a private right of action? Would
Cannon v. University of Chicago
Cannon_v._University_of_Chicago
Legal concept of non-bonding principles
sive necessitatis Originalism (original meaning) Original intent (legislative intent, legislative history) Purposive approach Strict constructionism Textualism
Soft_law
American legal scholar (born 1968)
background principles of the natural law. In other words, while the legislative intent is not per se controlling, positive law always seeks to put into effect
Adrian_Vermeule
Legal philosophy in which jurisprudence should rely on empirical evidence
as a process of "reasoned elaboration" and claimed that appeals to "legislative purpose" and other well-established legal norms could provide objectively
Legal_realism
Federal law
officers may carry firearms." Thus, both the words of LEOSA and its legislative intent clearly establish that LEOSA applies nationwide, including the home
Law Enforcement Officers Safety Act
Law_Enforcement_Officers_Safety_Act
Book by Antonin Scalia and Bryan A. Garner
originalism in interpreting the US Constitution, he argues that determining legislative intent for other legal texts is impossible because every statute is the product
Reading Law: The Interpretation of Legal Texts
Reading_Law:_The_Interpretation_of_Legal_Texts
Rule of statutory interpretation
intention of the author of the text, whereas the objective elements include the intent of the reasonable author and the legal system's fundamental values. Critics
Purposive_approach
2016 Indian copyright case
course packs is justified. Judgements Point No.31:"...unless the legislative intent expressly excludes fair use, and especially when a person’s result
University of Oxford v. Rameshwari Photocopy Service
University_of_Oxford_v._Rameshwari_Photocopy_Service
Federal transparency law in the US
or related to the agency's participation in legal proceedings. The legislative intent of the Act is as follows: "The basic premise of the sunshine legislation
Government in the Sunshine Act
Government_in_the_Sunshine_Act
Supreme Court of Canada case
could only be used where there was clear legislative intent. On the facts here there was no clear legislative intent and so the appeal court found no authority
Nova_Scotia_(Workers'_Compensation_Board)_v_Martin;_Nova_Scotia_(Workers'_Compensation_Board)_v_Laseur
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