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Legislative Intent Mr. Lugo
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Objectives: By the end of class, students will be able to:
Identify, describe and discuss the importance of lawmaking. Analyze problems that may arise when developing a law. Demonstrate a thorough understanding of legislative intent by analyzing an unclear law through a simulation
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Legislatures and Creating Laws
Legislatures and other lawmaking bodies try to respond to the needs of the citizens they represent by introducing legislation in the form of bills. Bills are used to enact new laws or amend or repeal (cancel) old laws. Ideas for bills can come from legislatures, the executive branch, individual citizens, or citizens’ groups.
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Legislatures Con’t After a bill becomes a law, the people must obey it. Sometimes, though, the language of a law is open to differing interpretations. It is not always easy to know exactly what a law prohibits or allows. Disputes over what a law means frequently end up in court. A judge who interprets what the legislature means is determining legislative intent.
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Legislative Intent What the lawmakers who passed a law wanted the law to mean; If the language of a statute is unclear, judges will often look at the legislative intent to help them interpret the law.
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How do you interpret these statements?
Son, I’ll hold the nail, you hold the hammer. When I nod, you hit it.
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How do you interpret these statements?
Anyone leaving their garments here for more than 30 days will be disposed of.
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How do you interpret these statements?
Toilet out of order, please use floor below.
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How do you interpret these statements?
Automatic washing machines: Please remove all of your clothes when the lights go out.
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How do you interpret these statements?
And for the grand finale, A sign found outside a local golf course states, “Anyone found collecting golf balls on this course will be prosecuted and have their balls removed”
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Drafting a Bill (Distribute Handout to Students)
Despite these efforts, many laws are difficult to read and understand. When judges decide what a statute means, they must follow certain rules: One rule is that courts will not enforce laws that are so vague that it is unclear exactly what conduct is prohibited. Think about how this classroom would be managed if I enforced rules that were to vague. Another rule says that if there is doubt as to the meaning of a word in a criminal statute, the word must be strictly interpreted against the government. Clarity in legal language is important. (Distribute Handout to Students)
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Rules and Expectations for The Unclear Law Activity
The law seems clear, but some disputes have arisen over its interpretation. Interpret the law in the following cases, keeping in mind what the law says and well as the intent. Decide whether or not the vehicle described should be allowed in the park.
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Student Practice/Application
1. Form two groups and analyze various situations from the handout. 2. Students must come to a consensus on each of the various situations. 3. One selected student will tabulate and act as the groups speaker/note-taker. 4. Students are to be prepared to defend/explain their responses. 4. Complete Exit ticket Question.
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