Paralegal Certification PrepLegal Research and WritingHard
A paralegal is reviewing a statute that includes a provision stating, 'No person shall operate a motor vehicle within the city limits at a speed exceeding 25 miles per hour, provided, however, that this limit shall not apply to emergency vehicles responding to an emergency.' The phrase 'provided, however, that' signals what type of statutory drafting technique?
- AA definition
- BA proviso
- CAn enabling clause
- DA savings clause
Show answer & explanationAnswer & explanation
Correct answer: B. A proviso
The phrase 'provided, however, that' is a classic indicator of a proviso. A proviso introduces an exception, limitation, or condition to the main statement of the statute, often applying to a specific class or circumstance.
Why the other options are wrong
- A. A definition specifies the meaning of a term within the statute.
- C. An enabling clause grants power or authority to an agency or official to carry out the statute's provisions.
- D. A savings clause preserves existing rights, remedies, or prior laws from being affected by the new statute.
Proviso (Statutory Drafting)
A clause in a statute that introduces an exception, limitation, or condition to the general rule stated in the preceding text, often introduced by phrases like 'provided that' or 'provided, however, that'.
- Creates an exception to a general rule.
- Limits the scope of the main provision.
- Often signaled by specific phrasing ('provided that', 'except that').
- Crucial for precise interpretation of statutory intent.
Memory trick: Proviso Provides Exceptions, Savings Saves Rights.