Legal Definitions - clause

A clause is a distinct section or provision of a legal document or instrument. It can be a part of a statute, resolution, or contract.

• Enacting clause: This is the part of a statute that states the legislative authority by which it is made and often the date when it will take effect. For example, the enacting clause of a federal statute is “Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.”
• Operative clause: This is a provision under an enacting or resolving clause that is not a mere recital or preamble. It is the part of a statute or resolution that has legal effect. For example, in a resolution, the operative clause usually begins with “Resolved, That…”
• Whereas clause: This is a recital or preamble that introduces a resolution's operative text. It provides background information and context for the resolution. For example, a whereas clause in a resolution might state “Whereas, the city has experienced a significant increase in crime in recent months…”

These examples illustrate how clauses are used in legal documents to organize and clarify the meaning of the text. Each clause serves a specific purpose and helps to create a clear and effective legal document.