Sentences with phrase «intent of the legislature»

The stated intent of the legislature (MCL 380.1 to 380.1852) is to ensure that local public schools, public school academies, intermediate school districts, and other public school entities adhere to a uniform policy regarding the use of seclusion and physical restraint.

Some interpretations of the law are more persuasive at revealing a presumed intent of the legislature in accordance with these policy objectives.

The case, O'Malley v. Soske, Appeals Court No. 09 - P - 315, (March 31, 2010), is an important reminder of the intent of the legislature when the statute was amended in 1988.

Most analysis starts at the plain meaning of the text, and only if the plain meaning is ambiguous or unreasonable does analysis start to look for other signals like intent of the legislature / founders, etc..

The McLean approach moves us away from imputed expertise in the post-Dunsmuir world to a real analysis of the intent of the legislature.

He describes as principle, dating back to 18th century England, judges interpreting a statute «to give effect to «the intent of the legislature».»

To hold otherwise would be to ignore principles of statutory interpretation, which are flexible enough to achieve the intent of the legislature in the context of evolving realities.

In the alternative, if we were to attempt to glean the intent of the legislature from the existing legislation, we should look to the definition of a «race» in the regulations.

In the context of the Act it was clearly not the intent of the legislature to give the LSUC a mandate to promote once conception of «justice» (i.e., gay rights) in favour of another (i.e., religious freedom), rather it's clearly the intent that the LSUC promote «justice» in a more neutral unambiguous sense (i.e., the proper admistration of the law, a nentral, impartial judiciary, etc.).

Courts strive to give effect to the intent of legislature when they enforce laws.

Not exact matches

Share: FacebookTwitterLinkedinGoogle + emailVANCOUVER — Merran Smith, executive director of Clean Energy Canada, made the following statement in response to the B.C. NDP and B.C. Green Party announcement regarding their intent to cooperate in the legislature: «It's clear that British Columbians voted for change in this election and support the NDP and Greens» objectives: building a clean economy and putting...

The rule of law, he has argued, demands that we be bound by the text of the law» not by evolving social standards, not even by some elusive authorial intent, but by the actual words of the Constitution and of the statutes passed by state and federal legislatures.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

The legislative intent of the bill is to «ensure that all workers in Albany County can address their own health and safety needs... and the needs of their families...» The legislature found that access to paid sick time promotes a healthy and safe county, reduces the spread of illness, and provides greater flexibility to employees with caregiving responsibilities.

The arguments made in favor of paid sick leave, in addition to those stated in the legislature's intent, are: Employees who are sick, especially if they have a contagious illness such as the flu, will be more willing to stay home if they know they will not be docked pay for taking a sick day.

David released a statement bent on clarifying what he called the mischaracterization of the M.O.U., which reads, in part: «The memorandum can in no way supercede the law as passed by the legislature and further, there is nothing in the memorandum that is inconsistent with the letter, spirit or intent of the law.

Mr. Vance is correct that the legislature created limits, but it simultaneously built ways around them; its «spirit and intent» is like the public piety of a Mafia hitman who makes the sign of the cross when passing a church on his way to work.

You might think they're talking about current American politics: There is no money in the national treasury for more social programs like orphanages and vaccinations; The military budget must be cut; The rich are intent on keeping their tax privileges; Members of the legislature continue to beat down all proposed reforms of the leader; The conditions of the poor are getting worse; Some religious leaders insist that the Earth was created in six literal days; Foreigners must be deported.

If the court had upheld its previous ruling, it would have effectively banned home schooling in California and overruled the clear intent of the California legislature.

Legislatures around the country have enacted various forms of school choice with the intent of improving student achievement throughout the education system, seeking innovative methods of instruction and school governance, and providing parents with an alternative to neighborhood schools.

According to a poll of Montana legislators, a majority believe the revenue department officials are not following the legislature's intent.

In 2016, we campaigned for the legislature to follow the original intent of the law and distribute lottery funds to need - based college scholarships.

26 years of concerted effort, multi-millions in lobbying expenses, and skillful masking of the real intent of «parental choice» has come down to this: the GOP has the legislature, the statehouse, the Supreme Court and the public square.

As Wagner reports, Republicans, who took control of the state legislature in 2010 and the governorship in 2012, are intent on expanding education options in the state by providing some parents with school vouchers to transfer their children to private schools and by increasing the number of charter schools in the state.

Our primary argument before the Texas Supreme Court focused on the legislative intent behind the 2015 amendments to Chapter 12 of the Education Code and the comprehensive statutory framework set forth by the state legislature for public charter schools in Texas.

Over the next few months, however, the DEA's delay and expressed intent to review the applications as if the farmers intended to grow an unprecedented amount of Schedule I drugs, versus cultivate a non-drug agricultural crop, fueled frustration in North Dakota's legislature.

-- The «Mediation Privileges» are actually quite confusing when examined carefully.2 So for purposes of the debriefing, just introduce the concept of an evidentiary privilege and indicate the legislature's intent to «insulate» the mediation process so as to encourage settlement.

She noted that the presumption of home statute interpretation applied; and because the legislature intended to vest this particular Board with powers because of its expertise, that intent should be respected (see paras 22 and 33).

Let us suppose that those 31 states (and their legislatures, governors, courts, etc) are intent on preserving the death penalty, so that a Constitutional amendment to abolish it would not be ratified by 3/4 of state legislatures as required.

The case is an important reminder of the legislature's intent when the statute was amended in 1988, and a reminder as well that in any proceeding commenced in any court, commission or agency, the judge should admit properly certified medical reports.

In all Pennsylvania cases other than the 1803 Addison case, state legislators have consistently agreed that simply allowing a «bad» act to serve as the basis for a judge's removal, with no evidence of malicious intent, would allow the legislature to remove any judges with whose decisions it disagreed.

[7] The goal was to capture legislative intent and, particularly, the degree of deference the legislature intended that reviewing courts should accord in respect of the decision under review.

In contrast, the Pay Equity Act does limit payroll calculations to the «total of all wages and salaries payable to the employees in Ontario of the employer» and the legislature was free to use similar limiting language in the ESA if that was its intent.

According to U.S. District Judge Mary S. Scriven, the law's fatal flaw is the lack of criminal intent requirement, which Florida's legislature purposely removed from the books in 2002.

Until that occurs, however, the best evidence of «legislative intent» is what the legislature has enacted into law.

It requires consideration of four factors to determine the legislature's intent over whether the administrative ruling was owed deference.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

South Dakota's inclusion of limiting language in underinsured motorist coverage statute and exclusion of such language from the uninsured motorist coverage statute is curious, and the statute is not clear as to the legislature's intent.

Nevertheless, general rules of statutory construction dictate that the courts must ensure that statutes are implemented in accordance with the «intent» of the legislature at the time they were enacted.

(70) The only question that thus arises for the court in the context of native title is whether at the time of the grant «extinguishment» of native title was the «intent» of the executive or legislature in creating statutes allowing the grant of non-Indigenous rights to land.

Still, this is the first reference in the statute to custodial relationships that are not related to a marriage, giving rise to the inference in the absence of more specific language, that the courts» practice of using the statute for all custody cases is consistent with the legislature's statutory intent.

The statute of limitations does not define «professional services», and so the court looked elsewhere to help define the legislature's intent in using the words «professional services» in the statute of limitations.