California statutes – Page 2

Frequently Asked Questions about Statutory Construction California

October 27, 2023 7:51 amOctober 27, 2023 7:51 am

For those not familiar, I put together the following questions and answers for those queries that are most often posed regarding statutory construction in California. What is the purpose of statutory construction? The “fundamental task is to ascertain the Legislature’s...

Turning Intent Statements into a Mandate

October 9, 2023 6:33 amOctober 9, 2023 6:33 am

There are numerous instances in California statutes where we can find statements of intent by the Legislature. In my opinion, these intent statements are of limited use. As a result, I would prefer that intent statements be limited in their...

Have You Seen Mathematical Formulas in California Statute?

September 25, 2023 12:10 pm

Most California statutes use “plain language,” but there are a number of instances of statutes among California’s 29 Codes that have technical language. And, while reviewing 2023 bills reaching the Governor’s Desk, there is SB 343 (Chapter 213) that actually...

Numerous California Statutes Have Been Invalidated by the Courts

April 9, 2023 7:52 amApril 9, 2023 7:57 am

In reviewing whether California statutes are invalidated by the federal and state courts, I looked back at cases since the 1980s and put together a number of court rulings. Although this list is not exhaustive, it goes to show the...

Is ‘Encouragement’ Sufficient in Legislation?

March 29, 2023 7:37 amMarch 29, 2023 7:44 am

In reviewing legislation in the California Legislature over the years, we are well aware of statements of legislative intent. Sometimes there are single statements of intent and, in other instances, there are multiple intent statements. Recently, I came across a...

Types of Penalties to Draft in Statutes

February 15, 2023 9:30 amFebruary 15, 2023 9:33 am

There are basically three types of penalties that we find in statutes around the country, including criminal, civil, and administrative penalties. In general, a civil penalty is a financial payment assessed by a court for violation of a statute or...

Express Versus Implied Repeals of California Statutes

February 14, 2023 6:57 amFebruary 14, 2023 7:06 am

What is the difference between an express repeal and an implied repeal of a statute? An express repeal is relatively obvious because the Legislature has definitely “expressed” its intent to repeal a particular statute. A reader may see language such...