§ 4.1 Rules
§ 4.2 Common law rule of construction
§ 4.3 References to other statutes
§ 4.4 Presumption of enactment
§ 4.5 Prospective statutes
§ 4.6 Ambiguous statutes — interpretation.
§ 4.7 Conflicts between general and special statutes
§ 4.8 Irreconcilable statutes
§ 4.9 Official copy prevails
§ 4.10 Reenactment of statutes — continuation.
§ 4.11 Conflicting amendments to same statutes — interpretation.
§ 4.12 Acts or statutes are severable
§ 4.13 General savings provision
§ 4.14 General rules of construction for English language laws

Terms Used In Iowa Code > Chapter 4 - Construction of Statutes

  • Abortion: means an abortion as defined in chapter 146. See Iowa Code 135L.1
  • Adult: means a person eighteen years of age or older. See Iowa Code 135L.1
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Approved course: means a course covering the testing and repair of backflow prevention assemblies which has been approved by the department. See Iowa Code 135K.1
  • Attending health care provider: means a licensed physician, nurse practitioner, certified nurse midwife, or physician assistant. See Iowa Code 136A.2
  • Backflow prevention assembly: means a device or means to prevent backflow into the potable water system. See Iowa Code 135K.1
  • Child: includes child by adoption. See Iowa Code 4.1
  • City board: means a city board of health in existence prior to July 1, 2010. See Iowa Code 137.102
  • clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Council: means a city council. See Iowa Code 137.102
  • County board: means a county board of health. See Iowa Code 137.102
  • Court: means the juvenile court. See Iowa Code 135L.1
  • department: means the Iowa department of public health. See Iowa Code 136B.1
  • Department: means the Iowa department of public health. See Iowa Code 136C.1
  • Department: means the Iowa department of public health. See Iowa Code 136D.2
  • Department: means the Iowa department of public health. See Iowa Code 135K.1
  • Department: means the Iowa department of public health. See Iowa Code 136A.2
  • Dependent: A person dependent for support upon another.
  • Director: means the director of public health or the director's designee. See Iowa Code 136C.1
  • Director: means the director of public health. See Iowa Code 137.102
  • Director: means the director of public health, or the director's designee. See Iowa Code 136D.2
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Disorder: means a congenital or inherited disorder. See Iowa Code 136A.2
  • District: means any two or more geographically contiguous counties. See Iowa Code 137.102
  • District board: means a board of health representing at least two geographically contiguous counties formed with approval of the state department in accordance with this chapter, or any district board of health in existence prior to July 1, 2010. See Iowa Code 137.102
  • District health department: refers to the personnel and property under the jurisdiction of a district board. See Iowa Code 137.102
  • employee of the judicial branch: include every officer or employee of the judicial branch except a judicial officer. See Iowa Code 4.1
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • executor: includes administrator, and the term "administrator" includes executor, where the subject matter justifies such use. See Iowa Code 4.1
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Genetics: means the study of inheritance and how genes contribute to health conditions and the potential for disease. See Iowa Code 136A.2
  • Genomics: means the functions and interactions of all human genes and their variation within human populations, including their interaction with environmental factors, and their contribution to health. See Iowa Code 136A.2
  • Grandparent: means the parent of an individual who is the parent of the pregnant minor. See Iowa Code 135L.1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Inherited disorder: means a condition caused by an abnormal change in a gene or genes passed from a parent or parents to their child. See Iowa Code 136A.2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intellectual disability: means a disability of children and adults who as a result of inadequately developed intelligence have a significant impairment in ability to learn or to adapt to the demands of society, and, if a diagnosis is required, "intellectual disability" means a diagnosis of mental retardation as defined in the diagnostic and statistical manual of mental disorders, fourth edition, text revised, published by the American psychiatric association. See Iowa Code 4.1
  • Internet: means the federated international system that is composed of allied electronic communication networks linked by telecommunication channels, that uses standardized protocols, and that facilitates electronic communication services, including but not limited to use of the world wide web; the transmission of electronic mail or messages; the transfer of files and data or other electronic information; and the transmission of voice, image, and video. See Iowa Code 4.1
  • Judicial officer: means a supreme court justice, a judge of the court of appeals, a district judge, a district associate judge, an associate juvenile judge, an associate probate judge, or a magistrate. See Iowa Code 4.1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Licensed professional: means a person licensed or otherwise authorized by law to practice medicine, osteopathic medicine, podiatry, chiropractic, dentistry, dental hygiene, or veterinary medicine. See Iowa Code 136C.1
  • Local board of health: means a city, county, or district board of health. See Iowa Code 137.102
  • Magistrate: means a judicial officer appointed under chapter 602, article 6, part 4. See Iowa Code 4.1
  • Medical emergency: means a condition which, based upon a physician's judgment, necessitates an abortion to avert the pregnant minor's death, or for which a delay will create a risk of serious impairment of a major bodily function. See Iowa Code 135L.1
  • Minor: means a person under eighteen years of age who has not been and is not married. See Iowa Code 135L.1
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
  • oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and in like cases the word "swear" includes "affirm". See Iowa Code 4.1
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Officers: means a local board of health chairperson, vice chairperson, and secretary, and other officers which may be named at the discretion of the local board of health. See Iowa Code 137.102
  • Parent: means one parent or a legal guardian or custodian of a pregnant minor. See Iowa Code 135L.1
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
  • Phototherapy device: means a piece of equipment that emits ultraviolet radiation and that is used by a health care professional in the treatment of disease. See Iowa Code 136D.2
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • property: includes personal and real property. See Iowa Code 4.1
  • Quorum: The number of legislators that must be present to do business.
  • Radiation: means energy forms capable of causing ionization including alpha particles, beta particles, gamma rays, X rays, neutrons, high-speed protons, and other atomic particles, but does not include sound or radio waves, or visible light, or infrared or ultraviolet light. See Iowa Code 136C.1
  • Radiation machine: means a device capable of producing radiation except those that produce radiation solely from radioactive material. See Iowa Code 136C.1
  • Radioactive material: means a solid, liquid, or gaseous material that emits radiation spontaneously including accelerator-produced and naturally occurring material, and byproduct, source, and special nuclear material as defined in the Atomic Energy Act of 1954 as amended to July 1, 1984. See Iowa Code 136C.1
  • real property: include lands, tenements, hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Iowa Code 4.1
  • Registered backflow prevention assembly tester: means a person who has successfully completed an approved course and has registered with the department. See Iowa Code 135K.1
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • road: include public bridges, and may be held equivalent to the words "county way" "county road" "common road" and "state road". See Iowa Code 4.1
  • Rule: includes "regulation". See Iowa Code 4.1
  • seal: shall include an impression upon the paper alone, or upon wax, a wafer affixed to the paper, or an official stamp of a notarial officer as provided in chapter 9B. See Iowa Code 4.1
  • Signature: includes an electronic signature as defined in section 554D. See Iowa Code 4.1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • State board: means the state board of health. See Iowa Code 137.102
  • State department: means the Iowa department of public health. See Iowa Code 137.102
  • Statute: A law passed by a legislature.
  • Stillbirth: means an unintended fetal death occurring after a gestation period of twenty completed weeks, or an unintended fetal death of a fetus with a weight of three hundred fifty or more grams. See Iowa Code 136A.2
  • Subpoena: A command to a witness to appear and give testimony.
  • Tanning device: means any equipment that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers and that is used for tanning of human skin, such as tanning booths or tanning beds. See Iowa Code 136D.2
  • Tanning facility: means a location, place, area, structure, or business, or a part thereof, which provides access to a tanning device for compensation. See Iowa Code 136D.2
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • undertaking: means a promise or security in any form. See Iowa Code 4.1
  • United States: includes all the states. See Iowa Code 4.1
  • week: means seven consecutive days. See Iowa Code 4.1
  • year: means twelve consecutive months. See Iowa Code 4.1