legislative intent
legislative intent 立法意图 指立法机关在制定某一法律时的意图或打算，其被认为是制定法的核心、灵魂和精髓，也是对制定法进行解释的指南。当制定法的文字模糊不清或内容不一致时，法院常努力根据立法意图来解释制定法。该词亦称「intention of the legislature」；「intent of the legislature」。
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Search Results for: LEGISLATIVE INTENT
legislative intent
The design or plan that the legislature had at the time of enacting a statute. — Also termed intention of the legislature; intent of the legislature; congressional intent; parliamentary intent. [Cases: Statutes 181(1). C.J.S. Statutes § 315.]
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dormant legislative intent
The intent that the legislature would have had if a given ambiguity, inconsistency, or omission had been called to the legislators’ minds. — Sometimes shortened to dormant intent. — Also termed latent intent; latent intention.
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legislative intent
legislative intent. The design or plan that the legislature had at the time of enacting a statute. — Also termed intention of the legislature; intent of the legislature; congressional intent; parliamentary intent. [Cases: Statutes 181(1). C.J.S. Statutes § 315.] “The intention of the legislature is a common but very slippery phrase, which, popularly understood, may
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congressional intent
congressional intent 国会意图；立法意图 (→legislative intent)
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may
may, vb. 1. To be permitted to (the plaintiff may close). [Cases: Statutes 227. C.J.S. Statutes §§ 362–369.] 2. To be a possibility (we may win on appeal). Cf. CAN. 3. Loosely, is required to; shall; must (if two or more defendants are jointly indicted, any defendant who so requests may be tried separately). •
judge made law
judge-made law. 1. The law established by judicial precedent rather than by statute. See COMMON LAW. [Cases: Courts 88. C.J.S. Courts § 139; Trade-Marks, Trade-Names, and Unfair Competition§ 187.] 2. The law that results when judges construe statutes contrary to legislative intent. See JUDICIAL ACTIVISM. — Also termed (in sense 2) judicial legislation; bench legislation;
wharton’s rule
Wharton’s rule ([h]wor-t[schwa]n).Criminal law. The doctrine that an agreement by two or more persons to commit a particular crime cannot be prosecuted as a conspiracy if the crime could not be committed except by the actual number of participants involved. • But if an additional person participates so as to enlarge the scope of the