What is the test for a statute to be held void for uncertainty?

California, United States of America


The following excerpt is from Patel v. City of L. A., B248240 (Cal. App. 2014):

There is a "'strong presumption that legislative enactments "must be upheld unless their unconstitutionality clearly, positively, and unmistakably appears. [Citations.] . . ."' [Citation.]" (Williams v. Garcetti (1993) 5 Cal.4th 561, 568.) A statute will not be "'"held void for uncertainty if any reasonable and practical construction can be given to its language"' [Citation.]" (Ibid.) "Some imprecision in statutory language is allowable and a statute is not unconstitutionally vague if there is some matter of degree in the definition of a statutory term or the words used do not have a universally recognized meaning. Instead, a statute will be deemed sufficiently precise if its meaning can be fairly ascertained by references to similar statutes or other judicial determinations, or to the common law or the dictionary, or if the words have a common and generally accepted meaning. [Citation.]" (In re Mariah T. (2008) 159 Cal.App.4th 428, 435.)

B. A reasonable and practical construction can be given to the RHO language

Other Questions


When harmonizing two statutes relating to the same subject, can a particular or specific statute take precedence over a conflicting general statute? (California, United States of America)
Is a later, more specific statute controlling over an earlier statute, even though the later statute would by its terms cover the present situation? (California, United States of America)
Is the language in elder abuse statutes the same as that in child abuse statutes? (California, United States of America)
Does a defendant who violates the inmate assault statute necessarily also violate the lesser assault statute? (California, United States of America)
In what circumstances can localities proceed to enforce a statute of doubtful constitutionality by disobeying the statute? (California, United States of America)
What is the difference between a general statute and a specific statute? (California, United States of America)
What is the overlap between the carjacking statute and the robbery statute? (California, United States of America)
What is the effect of the owner provision of the former guest statute on the owner provisions of the guest statute? (California, United States of America)
When an agency adopts a new interpretation of a statute and rejects an old interpretation of the statute? (California, United States of America)
Is a statute that adds to or takes away from a statute considered an amendment? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.