Questions tagged [legislative-intent]

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Intention to commit violent domestic abuse but failing?

This is not US-specific, I'm in Europe, but more general for all Western legal systems. I just read https://en.wikipedia.org/wiki/Domestic_violence_against_men and something struck me - intention is ...
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1answer
65 views

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 ...
2
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1answer
50 views

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 ...
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1answer
54 views

Legalistic reading of passport Law

https://www.law.cornell.edu/uscode/text/18/1543 Whoever willfully and knowingly uses, or attempts to use, or furnishes to another for use any such false, forged, counterfeited, mutilated, or altered ...
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5answers
9k views

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 ...
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3answers
288 views

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 ...
-4
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1answer
114 views

Does using a spell checker online mean I'm automated and required to disclose myself as a bot to California?

Stewart's test for obscenity: "I know it when I see it", comes to mind when I read articles about Californias bot disclosure law. Specifically, I wonder what makes me a bot? Under the ...
2
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2answers
109 views

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 ...
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2answers
118 views

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 ...
1
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1answer
90 views

Both expended and encumbered or can be one

Quoting the Maryland Capital Consolidated Bond Loan bill from the 2018 legislative session (Chapter 9 - Senate bill 186), 1(7): “The proceeds of the loan must be expended or encumbered by the ...
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1answer
180 views

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 ...
6
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3answers
645 views

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 ...
6
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3answers
364 views

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 ...
2
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1answer
135 views

Congressional History and Legislative Intent of Statute 18 U.S.C.1832

To start off, I am only a high school student helping a friend of mine with a little predicament. She has asked me to research about the Congressional history and the legislative intent of a statute: ...