What is the test to determine whether a statute is in conflict with another?
California, United States of America
The following excerpt is from Associated Home Builders etc., Inc. v. City of Livermore, 135 Cal.Rptr. 41, 18 Cal.3d 582 (Cal. 1976):
10 'The fundamental test as to whether statutes are in conflict with each other is the legislative intent. If it appears that the statutes were designed for different purposes, they are not irreconcilable, and may stand together.' (People v. Lustman (1970) 13 Cal.App.3d 278, 288, 91 Cal.Rptr. 548, 555; Rudman v. Superior Court (1973) 36 Cal.App.3d 22, 27, 111 Cal.Rptr. 249.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
What are the statutory factors used to determine whether a judge should exercise his discretion in determining whether or not to grant an e-commerce licence? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (California, United States of America)
What is the test for determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (California, United States of America)
What is the test for determining whether a search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
When harmonizing two statutes relating to the same subject, can a particular or specific statute take precedence over a conflicting general statute? (California, United States of America)
What is the test for determining whether a plaintiff's financial condition is to be considered a factor in determining whether to award punitive damages? (California, United States of America)
