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Simple English definitions for legal terms
clause
Read a random definition: betterment
A quick definition of clause:
A clause is a specific part of a legal document or law that explains a particular rule or provision. It can be an enacting clause, which states the authority and date of a law, or an operative clause, which is the actual rule or provision. A resolving clause is similar to an enacting clause, but it introduces a resolution's text. A whereas clause is a type of clause that provides background information or context for a law or resolution.
A more thorough explanation:
A clause is a distinct section or provision of a legal document or instrument. It can be a part of a statute, resolution, or contract.
- Enacting clause: This is 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, the enacting clause of a federal statute is “Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.”
- Operative clause: This is a provision under an enacting or resolving clause that is not a mere recital or preamble. It is the part of a statute or resolution that has legal effect. For example, in a resolution, the operative clause usually begins with “Resolved, That…”
- Whereas clause: This is a recital or preamble that introduces a resolution's operative text. It provides background information and context for the resolution. For example, a whereas clause in a resolution might state “Whereas, the city has experienced a significant increase in crime in recent months…”
These examples illustrate how clauses are used in legal documents to organize and clarify the meaning of the text. Each clause serves a specific purpose and helps to create a clear and effective legal document.