![]() Statutory text appearing in a positive law title is the text of the statute and is presumably identical to the statutory text appearing in the Statutes at Large. The text of the law appearing in the Statutes at Large prevails over the text of the law appearing in a non-positive law title. Typically, statutory text appearing in the Statutes at Large is presented as proof of the words in the underlying statute. Statutory text appearing in a non-positive law title may be rebutted by showing that the wording in the underlying statute is different. The difference between "prima facie" and "legal" is a matter of authoritativeness. Having, on one hand, non-positive law titles as prima facie evidence of the law, and on the other hand, positive law titles as legal evidence of the law, means that both types of titles contain statutory text that can be presented to a Federal or State court as evidence of the wording of the law. Non-positive law titles are prima facie evidence of the law, but positive law titles constitute legal evidence of the law in all Federal and State courts ( 1 U.S.C. ![]() Title 42 is comprised of many individually enacted Federal statutes––such as the Public Health Service Act and the Social Security Act––that have been editorially compiled and organized into the title, but the title itself has not been enacted. 1).īy contrast, Title 42, The Public Health and Welfare, is a non-positive law title. For the enacting provision of Title 10, seeįirst section of the Act of August 10, 1956, ch. For example, Title 10, Armed Forces, is a positive law title because the title itself has been enacted by Congress. A non-positive law title of the Code is an editorial compilation of Federal statutes. Some are called positive law titles and the rest are called non-positive law titles.Ī positive law title of the Code is itself a Federal statute. The Code is divided into titles according to subject matter. The term "positive law'' has a long-established meaning in legal philosophy but has a narrower meaning when referring to titles of the Code. Links to Current and Recently Completed Positive Law Codification Projects The Term "Positive Law" ![]() The restatement conforms to the policy, intent, and purpose of Congress in the original enactments, but the organizational structure of the law is improved, obsolete provisions are eliminated, ambiguous provisions are clarified, inconsistent provisions are resolved, and technical errors are corrected. Positive law codification by the Office of the Law Revision Counsel is the process of preparing and enacting a codification bill to restate existing law as a positive law title of the United States Code.
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