HopefullyInLawSchool
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Simple English definitions for legal terms
latent intent
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A quick definition of latent intent:
Latent Intent: The plan or idea that lawmakers had when they created a law. It can only be understood from what is written in the law, not from what people think lawmakers might have meant. Sometimes, there may be things that lawmakers didn't think about when they made the law, and that's called dormant intent or latent intention.
A more thorough explanation:
Latent intent refers to the hidden or underlying purpose or plan that the legislature had when enacting a statute. It is also known as the intention of the legislature, congressional intent, or parliamentary intent.
For example, if a law is passed to regulate the sale of tobacco products, the latent intent may be to reduce the number of people who smoke and improve public health. This intent may not be explicitly stated in the law, but it can be inferred from the language and context of the statute.
It is important to note that latent intent can only be determined from what the legislature has chosen to enact, either through explicit language or reasonable implication. It cannot be based on speculation or assumptions about what the legislators may have intended.
Another related term is dormant legislative intent, which refers to the intent that the legislature would have had if a particular ambiguity, inconsistency, or omission had been brought to their attention.
Overall, understanding latent intent is crucial for interpreting and applying statutes in a way that aligns with the legislature's goals and objectives.