Paralegal Certification PrepLegal Research and WritingHard
A paralegal is reviewing a statute that states, 'No person shall operate a motor vehicle while under the influence of alcohol, unless such operation occurs on private property with the owner's permission.' The phrase 'unless such operation occurs on private property with the owner's permission' is an example of what type of statutory drafting technique?
- AA definitional clause.
- BA proviso.
- CAn enunciation clause.
- DA savings clause.
Show answer & explanationAnswer & explanation
Correct answer: B. A proviso.
A 'proviso' is a clause that introduces a condition, exception, or limitation to a preceding statement or enactment. The phrase 'unless such operation occurs on private property...' clearly introduces an exception to the general prohibition, fitting the definition of a proviso.
Why the other options are wrong
- A. A definitional clause explains the meaning of terms used in the statute, not an exception to a rule.
- C. An enunciation clause is not a standard term for a statutory drafting technique; 'enunciate' means to state clearly.
- D. A savings clause preserves existing rights or remedies that might otherwise be affected by the new statute.
Proviso (Statutory Drafting)
A clause in a statute that introduces an exception, condition, or limitation to the general rule or statement that precedes it.
- Often signaled by words like 'provided that,' 'unless,' or 'except that.'
- Modifies the scope or application of the main statutory provision.
- Essential for understanding the precise boundaries of a law.
Memory trick: Proviso: The 'unless' that makes the rule less.