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Topic: Positive Law vs Prima Facie law

Created on: 01/03/21 02:28 PM

Replies: 0

JEFFREY24


Joined: 07/10/19

Posts: 24

Positive Law vs Prima Facie law
01/03/21 2:28 PM

The following information from www.govinfo.gov has me a little confused:

Of the 54 titles, the following titles have been enacted into positive (statutory) law : 1, 3, 4, 5, 9, 10, 11, 13, 14, 17, 18, 23, 28, 31, 32, 35, 36, 37, 38, 39, 40, 41, 44, 46, 49, 51, and 54. When a title of the Code was enacted into positive law, the text of the title became legal evidence of the law. Titles that have not been enacted into positive law are only prima facie evidence of the law. In that case, the Statutes at Large still govern. Note: Title 52 is an editorially-created title, and Title 53 is currently reserved. For the current list of titles, see http://uscode.house.gov

Does this mean that if I'm depending on a statute that is not positive law that I must also cite the associated statute at large to for it to have any "teeth"? Or, will a prima facie code make it into the evidence folder for me on its own?

Thanks.

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