declaratory statute

declaratory statute
One enacted for the purpose of removing doubts or putting an end to conflicting decisions in regard to what the law is in relation to a particular matter. It may either be expressive of the common law, 1 Bl.Comm. 86; In re Ungaro's Will, 88 N.J.Eq. 25, 102 A. 244, 246, or may declare what shall be taken to be the true meaning and intention of a previous statute, though in the latter case such enactments are more commonly called "expository statutes." McMahon v. Maddox, Tex.Civ.App., 297 S.W. 310, 312.
A statute enacted to put an end to a doubt as to what is the common law, or the meaning of another statute, and which declares what it is and ever has been. Nelson v. Sandkamp, 227 Minn. 177, 34 N.W.2d 640, 642

Black's law dictionary. . 1990.

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  • declaratory statute — n. A statute enacted to clarify the law on a particular matter, intended to end any doubts as to its meaning. See also curative The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008 …   Law dictionary

  • declaratory statute — A statute which is declaratory or expressive of the common law, Gray v Bennett, 44 Mass (3 Metcalf) 522, 527; a statute, the purpose of which is to declare or settle the law where its correct interpretation has been doubtful or uncertain …   Ballentine's law dictionary

  • declaratory statute — One enacted for the purpose of removing doubts or putting an end to conflicting decisions in regard to what the law is in relation to a particular matter. It may either be expressive of the common law, 1 Bl.Comm. 86; In re Ungaro s Will, 88… …   Black's law dictionary

  • declaratory — de·clar·a·to·ry /di klar ə ˌtōr ē/ adj: serving to declare, set forth, or explain: as a: declaring what is the existing law b: declaring a legal right or interpretation declaratory relief see also declaratory judgment …   Law dictionary

  • statute — stat·ute / sta chüt/ n [Latin statutum law, regulation, from neuter of statutus, past participle of statuere to set up, station, from status position, state] 1: a law enacted by the legislative branch of a government see also code, statutory law …   Law dictionary

  • statute — A formal written enactment of a legislative body, whether federal, state, city, or county. An act of the legislature declaring, commanding, or prohibiting something; a particular law enacted and established by the will of the legislative… …   Black's law dictionary

  • declaratory — adjective Date: 15th century 1. serving to declare, set forth, or explain 2. a. declaring what is the existing law < declaratory statute > b. declaring a legal right or interpretation < a declaratory judgment > …   New Collegiate Dictionary

  • declaratory relief — See: declaratory judgment Category: If, When & Where to File a Lawsuit Category: Mediation, Arbitration & Collaborative Law Category: Representing Yourself in Court Category: Small Claims Court & Lawsuits …   Law dictionary

  • Declaratory — De*clar a*to*ry, a. [Cf. F. d[ e]claratoire.] Making declaration, explanation, or exhibition; making clear or manifest; affirmative; expressive; as, a clause declaratory of the will of the legislature. [1913 Webster] {Declaratory act} (Law), an… …   The Collaborative International Dictionary of English

  • Declaratory act — Declaratory De*clar a*to*ry, a. [Cf. F. d[ e]claratoire.] Making declaration, explanation, or exhibition; making clear or manifest; affirmative; expressive; as, a clause declaratory of the will of the legislature. [1913 Webster] {Declaratory act} …   The Collaborative International Dictionary of English

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