Paralegal Certification PrepLegal Research and WritingHard
A paralegal is reviewing a statute and notes that it includes a phrase such as 'unless otherwise provided by law.' This type of clause is an example of what legal principle or drafting technique?
- AA savings clause
- BA legislative intent clause
- CA severability clause
- DA supremacy clause
Show answer & explanationAnswer & explanation
Correct answer: A. A savings clause
A 'savings clause' in a statute is designed to preserve or 'save' existing rights, remedies, or rules from being abolished by the new legislation, or to indicate that certain provisions may be superseded by other laws.
Why the other options are wrong
- B. A legislative intent clause would typically state the purpose or goal of the statute, not its relationship to other laws.
- C. A severability clause states that if one part of a statute is found invalid, the rest of the statute remains in effect.
- D. A supremacy clause establishes which law takes precedence when there is a conflict (e.g., federal over state), which is a different concept from preserving existing law.
Savings Clause
A provision in a statute designed to preserve existing rights, remedies, or rules that would otherwise be abrogated by the new law, or to allow for other laws to supersede its provisions.
- Prevents unintended repeal or alteration of existing law.
- Often uses phrases like 'unless otherwise provided' or 'except as modified'.
- Aids in statutory interpretation by clarifying legislative intent.
Memory trick: To 'Save' existing law, look for 'unless otherwise'!