Paralegal Certification PrepLegal Research and WritingHard
A paralegal is researching the legislative history of a federal statute to understand Congress's intent when drafting a particular ambiguous provision. Which of the following sources would be the LEAST helpful in determining legislative intent?
- AHearings before congressional committees regarding the bill.
- BA law review article published five years after the statute's enactment.
- CTranscripts of floor debates in the House and Senate.
- DCommittee reports accompanying the bill.
Show answer & explanationAnswer & explanation
Correct answer: B. A law review article published five years after the statute's enactment.
Legislative intent is generally derived from sources created during the legislative process itself. A law review article published five years after enactment, while potentially insightful, reflects the author's interpretation and not the original intent of the legislators at the time the law was passed. It is a secondary source created post-enactment.
Why the other options are wrong
- A. Hearings offer testimony and discussions that directly inform the legislative process and intent.
- C. Floor debates provide direct insight into the discussions and arguments made by legislators during the bill's consideration.
- D. Committee reports are highly authoritative sources for legislative intent as they explain the purpose and provisions of a bill.
Legislative Intent
The purpose or meaning that the legislature sought to convey when enacting a particular statute, often sought to clarify ambiguous statutory language.
- Determined by examining legislative history documents.
- Primary sources include committee reports, floor debates, and hearings.
- Secondary sources created after enactment are less reliable for original intent.
Memory trick: Look where the law was born, not where it's later mourned.