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Old 03-12-2004, 03:04 AM
squirrels
 
Posts: n/a
Re:Positive Law, Federal Register and USC



Sara-Jane,


Neat link!!& At one time, I thought I would never have to read about "bluebooking" ever again, but (now here is my cheesy Godfather line) just when I thought I was out, they brought me back in!!!!&


I don't know if you are familiar with "The Bluebook" - A Uniform System of Citation, so please excuse me if I am being a bit basic.


This website is primarily directed to how to properly cite U.S.C. and C.F.R. in regards to "positive" and "non-positive" law; say, when you might be compiling a brief to file in court.& This way the judge won't get all hissy-pissy when you don't conform and cite your law&to the "proper method" that has been designed by some students from Harvard or Chicago (can't remember which originally&created the book) way back in the day (early 1900's?). Ironically (or predictibly!), it is the most confusing and organizationally challenged book you will ever find.


I did not know (or remember; CRS syndrome!) that some U.S.C. may not be positive law! It looks like the suckas achieved passing law legally, but not lawfully once again.&


To sum up what I gained/remembered from it, even though a Title of U.S.C. has not been enacted by the legislature (positive), it is still presumptively legal and the court may in their evidentiary discretion give it the weight or substance that it feels it deserves. Of course, it may be a good idea to try and rebut the legal presumption, but that is taking on a whole new ballgame which most folks do not have the resources/money/time/energy/knowledge/etc. to take on.


-squirrels


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