HopefullyInLawSchool
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Simple English definitions for legal terms
latent intention
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A quick definition of latent intention:
Latent intention refers to the plan or design that lawmakers had when they created a law. It is also known as legislative intent. Sometimes, there may be ambiguity or inconsistency in a law, and dormant legislative intent refers to what lawmakers would have intended if they had thought about the issue at the time of creating the law. To understand what lawmakers intended, we can only look at what they have written in the law itself, either in clear words or by reasonable implication.
A more thorough explanation:
Latent intention refers to the hidden or underlying purpose or plan that the legislature had when enacting a statute. It is also known as legislative intent or congressional intent.
For example, if a statute is ambiguous or inconsistent, the court may try to determine the dormant legislative intent, which is the intent that the legislature would have had if they had noticed the ambiguity or inconsistency. This can help the court interpret the statute correctly.
Another example is if a statute is silent on a particular issue, the court may try to determine the latent intention of the legislature, which is what they would have intended if they had considered the issue. This can help the court fill in the gaps in the statute.
In summary, latent intention is the hidden purpose or plan behind a statute that can be used to interpret it correctly.