Certified Legal Assistant Certified Paralegal (CLA-CP) Practice Test 2026 - Free Paralegal Practice Questions and Study Guide

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What can the legislature do if a court interprets a statute incorrectly?

Revoke the statute entirely

Amend the statute to clarify its intent

When a court interprets a statute in a manner that the legislature believes is incorrect, the most appropriate action is to amend the statute to clarify its intent. This is because the legislature has the authority to enact or modify laws, which can include providing clearer definitions or guidance on how the law should be applied. By amending the statute, the legislature is addressing the issue directly and ensuring that future interpretations align with its original intent.

Amending the statute is a formal procedure that allows for a clear expression of legislative intent and can prevent further judicial misinterpretations. This proactive measure helps to improve the legal framework and better guides judges and the public in understanding how the law should be construed moving forward.

While the other options may seem appealing, they are not mechanisms that effectively resolve the issue of misinterpretation. Revoking the statute entirely can create gaps in the law and is not a targeted solution. Issuing a public statement of clarification lacks legal authority and does not change the statute itself, leaving room for continued misinterpretation. Lastly, appealing the judicial decision is not an option available to the legislature, as appeals are filed by parties involved in a case; the legislature cannot simply appeal a court's interpretation. Thus, amending the statute is the most

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Issue a public statement of clarification

Appeal the judicial decision

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