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LSDefine

Simple English definitions for legal terms

declaratory statute

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A quick definition of declaratory statute:

A declaratory statute is a law that helps to explain what a previous law meant or to resolve conflicts between different court decisions. It is like a teacher explaining a confusing lesson to the class. It is not a new law, but it helps people understand how to follow the old law correctly.

A more thorough explanation:

A declaratory statute is a law enacted to clarify prior law by reconciling conflicting judicial decisions or by explaining the meaning of a prior statute. It is also known as an expository statute.

For example, if there are two conflicting court decisions on the interpretation of a particular law, the legislature may pass a declaratory statute to clarify the meaning of the law. This helps to avoid confusion and ensures that the law is applied consistently.

Another example is when a prior statute is unclear or ambiguous, the legislature may pass a declaratory statute to explain the intended meaning of the law. This helps to prevent misinterpretation and ensures that the law is applied correctly.

Overall, declaratory statutes are important in maintaining clarity and consistency in the interpretation and application of laws.

declaratory precedent | declaratory theory

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