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Simple English definitions for legal terms
dormant legislative intent
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A quick definition of dormant legislative intent:
Dormant Legislative Intent: This term refers to the plan or design that lawmakers had when they created a law. It is important to understand what the lawmakers intended when interpreting a law. However, it can be difficult to determine what lawmakers meant if it is not clearly stated in the law. Dormant legislative intent refers to what lawmakers would have intended if they had thought about a particular issue when creating the law. This is important because it helps judges and lawyers understand how to apply the law in situations that were not specifically addressed by the lawmakers.
A more thorough explanation:
Definition: Dormant legislative intent refers to the intent that the legislature would have had if a given ambiguity, inconsistency, or omission had been called to the legislators' minds. It is also known as latent intent or latent intention.
Example: Let's say a law was passed that stated "No vehicles allowed in the park." However, it was not clear whether bicycles were considered vehicles or not. In this case, the dormant legislative intent would be the intent of the legislators if they had considered whether bicycles should be allowed in the park or not.
This concept is important in legal interpretation because it helps judges and lawyers understand what the legislators intended when they passed a law. By considering the dormant legislative intent, they can make a more informed decision about how to apply the law in specific cases.