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Simple English definitions for legal terms

operative clause

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A quick definition of operative clause:

An operative clause is a section of a legal document that contains a provision that is not just a statement or introduction. It is the part of the document that actually enacts or resolves something. For example, in a resolution, the operative clause is the part that begins with "Resolved, That...." It is important because it is the part that has the legal effect and makes things happen.

A more thorough explanation:

An operative clause is a section or provision of a legal document or instrument that is not just a recital or preamble. It is the part of the document that contains the actual instructions or actions to be taken.

  • Enacting Clause: The part of a statute that states the legislative authority by which it is made and often the date when it will take effect. For example, "Be it enacted that..."
  • Resolving Clause: The clause that introduces a resolution's operative text, usually beginning with "Resolved, That...". It is comparable to a statute's enacting clause.

For instance, in a resolution, the resolving clause would state the action to be taken, such as "Resolved, That the city council approves the construction of a new park in the downtown area." The operative clause is the part that follows, which would contain the specific details and instructions for carrying out the construction of the park.

Overall, the operative clause is the essential part of a legal document that contains the actual instructions or actions to be taken, while the enacting or resolving clause provides the authority or introduction to the document.

operative | operative construction

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JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
AHHAHAHAHAHAHHAHAHAHAHAHAH
@JumpySubsequentDolphin: wait this is so cute, also where r u going
JOE MBIDEN
JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
soyalmondoatmilk
8:38
good morning! hoping waves will come our wave today
8:42
GW wave today?
8:57
There’s someone I found on here with the username threeoutchange and if my understanding is correct that’s a reference to the debut album by a pretty cool 90s-00s Japanese band called Supercar. I geeked a little
8:57
It could just be a baseball reference I don’t get though lol
Dkk
9:00
@renard99: also, the same band that does a song in the anime Eureka 7 which I watched when I was like idk, 12
9:00
Yeah! They are pretty good. Three Out Change is an awesome J-rock record
Dkk
9:01
I will probably not listen to them more but fun fact. Really random to start the day. An omen that the waves will be very random today.
Dkk
9:03
Fuck, reading the wikipedia now. Literal last song they did before they broke up was Storywriter. Wow.
9:05
That one is a masterpiece
9:05
My favorite song by them is Recreation
glovediedthisishismom
9:05
snowing
Dkk
9:07
@renard99: man, hard to find.
Dkk
9:07
@glovediedthisishismom: Congrats on the snow.
Dkk
9:16
@renard99: Poetic and nice.
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