What happens when two laws conflict?

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Aug 10, 2012 Comments Off on What happens when two laws conflict? bernardo

The first thing to note is that if a judge can interpret two laws so that they do not conflict, then that is preferred.  Racine Unified Sch. Dist. v. LIRC, 164 Wis. 2d 567, 590, 476 N.W.2d 707 (Ct. App. 1991).  Judge are just like regular people, if there is an easy solution to fix the problem such as interpreting a word a different way then they will do it.

The second thing to understand is that when two laws conflict between a general law and a specific law then the specific law will control.  Let’s say your mother told you to never go outside at night.  However, your mother said that you can go out at night on Halloween so long as you are with your older brother.  Now we have two conflicting laws.  However it makes sense that the specific law would apply.  This is the same with laws. Gottsacker Real Estate Co. v. State, 121 Wis. 2d 264, 269, 359 N.W.2d 164 (Ct. App. 1984).