Does a statement of purpose or intent in a legislative preamble confer power, determine rights, or enlarge the scope of a measure?
California, United States of America
The following excerpt is from Jackpot Harvesting Co. v. Superior Court of Monterey Cnty., 237 Cal.Rptr.3d 1, 26 Cal.App.5th 125 (Cal. App. 2018):
Although statements of the purpose or intent of legislation in a preamble "do not confer power, determine rights, or enlarge the scope of a measure, they properly may be utilized as an aid in construing a statute," but are not conclusive. ( People v. Canty (2004) 32 Cal.4th 1266, 1280, 14 Cal.Rptr.3d 1, 90 P.3d 1168 ; see
[237 Cal.Rptr.3d 20]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does evidence of gang activity have to be considered for the purpose of determining whether an individual acted with intent, purpose and knowledge? (California, United States of America)
What is the test for establishing that a party to a statement of intent, purpose, or knowledge can destroy the privileged status of that statement? (California, United States of America)
What is the test for determining whether a police officer has the right to make a statement of intent? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its factual determination for that factual determination? (California, United States of America)
What is the test for determining whether a person is "socially situated" for purposes of a claim under the California Civil Rights Act? (California, United States of America)
What is the test for a jury to determine whether a defendant who intentionally commits an intentional unlawful killing without malice is guilty of voluntary manslaughter? (California, United States of America)
What is the test for determining whether a person has a right to sue under the California Civil Rights Act? (California, United States of America)
How have the courts treated human rights abuses in the context of human rights legislation? (California, United States of America)
What is the test for determining whether there is malice or malice aforethought for the purposes of sentence enhancement purposes? (California, United States of America)
Does a jury have to consider the power of the Governor's pardon power in determining a criminal sentence in a capital case? (California, United States of America)
