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Old 03-11-2004, 02:33 PM
squirrels
 
Posts: n/a
Re:Positive Law, Federal Register and USC



Hey Sara-Jane,


If my memory is correct, the Federal Register is nothing more than a publishing company. It publishes&legislative/administrative law or/and comments&in chronological order like a newspaper. Then those decisions later get re-published and organized in their respective proper publications (FCC volumes, FTC volumes, etc.).& The purpose of the Federal Register is for persons who are following legal/administrative/regulatory developments by the moment as they occur, and then can use the immediate publication as "law" or evidence or whatever as appropriate. Basically, you never use the Federal Register to do legal research.


As for the U.S.C., where did you find out these titles are not really enacted? I would love to look this up myself b/c U.S.C. is "positive law" and for it not to be is like saying the color white is actually black. However, I wouldn't put it past the suckas.


Law comes from many different sources, case cites are but one but are a "primary" source of law.& United States Code is another, or any "code" for that matter, and would also be considered a "primary" source of law. Legal encyclopedias such as Corpus Juris Secundum, Am. Jur., etc. are also a source of law, but are considerd "secondary" and thus carrying less weight.& Of course, when thinking about "code" or administrative law, lets not gloss over the difference between "legal" and "lawful".


It is a maze, but it does make some sense over time.


-squirrels


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