Substantive Law

Understanding A Law’s Purpose

Understanding A Law’s Purpose

Because legislation is the product of a deliberative and informed process, it has discernible purposes and objectives. Lawyers and judges utilize tools to examine a statute’s purpose and establish the legislature’s intent for enacting the statute. Once the legislative intent has been established, it may be used to understand and interpret a statute’s meaning. Many statutes begin with a preamble or purpose clause, which may provide guidance in discerning the intent of the legislature where the statute may be ambiguous. Lawyers faced with choosing between different plausible interpretations may refer to the statute’s purpose to make a final decision. However, where...

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Why California Laws Are At The Forefront

Why California Laws Are At The Forefront

California laws are at the forefront of legislation in the United States. Whether related to cannabis, the environment, employment, human trafficking, consumer protection and privacy, the list of cutting-edge legislation is long. A 108-year-old California ballot initiative system enables anyone with the required number of signatures to get virtually anything on the ballot. “If a citizen wants to get a law passed, they don’t have to do it in a conventional way. That’s given rise to a do-it-yourself political culture that doesn’t exist in other places,” said California expert Jim Newton, author of “Jerry Brown and the Creation of Modern California.”...

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About Conflicts Of Law

About Conflicts Of Law

There is a conflict of laws when a legal cause of action implicates the substantive law of more than one jurisdiction, and some determination must be made as to which law correctly applies. A good way to conceptualize “conflict of laws” is to think of its resolution, which is making a “choice of law” to resolve a legal issue. The outcome of this process may require a court in one jurisdiction to apply the law of a different jurisdiction. The conflict may be between federal and state laws, among state laws, or between the laws of different nations. Because the jurisdiction of federal...

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