In reading bills in the California Legislature, you may encounter findings and declarations, or intent statements, or a combination of the two. Which should be given greater weight by the courts? Or are they of equal weight? Does it matter...
When drafting a bill to create a new entity or commission in California law, the following are some of the component parts of that legislation: Membership and Qualifications. A committee should be composed of an odd number of members to...
In reviewing the bill drafting manuals of the majority of states that publish them, I have read about some of the terms used in these other states, and the comparable term used in the California Legislature. California calls it a...
Definitions found in statutes need to be carefully written and ensure clarity in laws. Definitions are generally provided when a word has several different usages, as well as to avoid repetition of a phrase. There are a number of important...
What are forms of defamation in California? Civil Code Section 44 provides that defamation comes in two forms: libel or slander. In short, libel is written defamation and slander is verbal defamation. Civil Code Section 45 provides that libel is...
In the states that publish their legislative drafting manuals, each bill requires an “enacting clause.” In those states, the enacting clause more often includes the Legislature, such as the following examples: The enacting clause of each law in Hawaii is:...
What is the difference between a saving clause and a grandfathering clause? They are both types of transitional provisions found in legislation. A saving clause is generally used to retain an existing right or authority that would otherwise be affected...