Paralegal Certification PrepLegal Research and WritingHard
A paralegal is reviewing a statute that includes a provision stating, 'Provided, however, that nothing in this section shall apply to public utilities.' What type of statutory construction device is 'Provided, however, that...'?
- AAn enacting clause.
- BA savings clause.
- CA severability clause.
- DA proviso.
Show answer & explanationAnswer & explanation
Correct answer: D. A proviso.
A proviso is a clause in a statute that introduces a condition, limitation, or exception to a general rule stated in the preceding text. The phrase 'Provided, however, that...' is a classic indicator of a proviso.
Why the other options are wrong
- A. An enacting clause formally enacts the law (e.g., 'Be it enacted by...').
- B. A savings clause preserves existing rights or laws from being repealed by the new statute.
- C. A severability clause states that if one part of the statute is invalid, the rest remains valid.
Proviso (Statutory Construction)
A clause in a statute that introduces an exception, condition, or limitation to the general rule stated previously.
- Often introduced by 'Provided, however, that' or similar language.
- Creates an exception to the main body of the section.
- Important for precise interpretation of statutory scope.
Memory trick: A 'Proviso' 'Provides' an 'Exception' to the 'Rule'.