I need help with a Law question. All explanations and answers will be used to help me learn.
Need to respond to two individuals from below. 100-150 words min.
Celina Huaman
Sep 24, 2020 at 12:16 PM
Hello Professor and Classmates,
I hope you all are having a wonderful week and all is well. Positive law codification is the process of preparing and enacting a restatement of existing law. Meaning changing or updating a current law that we have. This is the process in which obsolete provisions are eliminated and technical errors are corrected. A positive law is a federal statute. In drafting a codification bill, the Office of the Law Revision Counsel carefully considers the state of existing laws on a subject matter and aims for the improvement of those laws without changing their meaning or effect of the law. To be able to achieve the result they seek input from Federal agencies, congressional committees and other with expertise in the area of law being codified. They review it closely and analyze everything to make sure that the restatement of law is accurate and comprehensive. Then a formal review and comment period begins at that point once the bill is already introduced, but as that is going on the Office of the Law revision Counsel is actively seeking feedback. The office of the Law Revision Counsel prepares an initial draft of a bill to restate existing law as a positive law title of the Unites States Code. The bill is introduced by the Chairman of the Committee on the Judiciary to the House of Representatives. As that is going on the office of law revision counsel actively seeks input form the Federal agencies, congressional committees and other with expertise in the area of law being codified. Once the conclusion of the comment period is reached an amendment in the nature of a substitute- reflection the corrections and comments- is prepared by the office of the Law revision and Counsel and transmitted to the committee . Typically the bill is passed by the house under suspension of the rules and in the senate by unanimous consent.
The benefits of positive law codification are the following:
1. Legal evidence: once the provisions are enacted as a positive law, the provisions as ser out in code constitute legal evidence of the law in all federal and state courts.
2. Improved organization: gives the opportunity to revisit the organizational structure of statutory material. It is easier to use and they foster a more comprehensive understanding of the law.
3. Elimination of obsolete provisions: The cumulative effect of removing all obsolete provisions can be profound, resulting in a much more compact and comprehensible text.
4. Improved wording and code: Provides the opportunity to update the wording and terms to achieve a more consistent and readable style.
5. Correction and technical errors: Gives the opportunity to correct anything that was spelled incorrectly or technical errors of the law that they are looking to update.
6. Precise statutory text: Promotes public access to the precise text of Federal statutory law, Gives a precise statutory language enacted into the law.
7. Cleaner amendment: Promotes accuracy and efficient in the preparation of amendments.
8. Streamlined citations: Statutory citations in court documents, legal academic papers, and other legal work are streamlined as a result of positive law codification. Once the provision is enacted as a part of the law positive law title, the United states code citations becomes the complete citations.
I hope everyone has a wonderful rest of the week and stays safe. Looking forward to reading all of your discussion post comments and learning more about the topic in today great discussion.
References:
Office of the Law Revision Counsel, US House of Representatives, outlining positive law codification in the United States Code
Word count: 600
Janet Hidalgo
Sep 24, 2020 at 3:06 PM
After reviewing the posted document, I learn that this explains the process of positive law codification and provides related information concerning the Office of the Law Revision Counsel and the United States Code. This summary explains what the positive law codification is or performs; It restates existing law, enacts existing law, improves organization, removes obsolete provisions, and corrects technical errors.
Positive law codification is the process of preparing and enacting a restatement of existing law. As a positive law codification bill is prepared, the Office of the Law Revision Counsel actively seeks input from Federal agencies, congressional committees, and others with expertise in law being codified. Close review and rigorous analysis are accepted, so that all interested parties are assured that the restatement of law is accurate and comprehensive. The restatement conforms to the policy, intent, and purpose of Congress in the original enactments, but the organizational structure of the law is improved. The restatement is enacted as a positive law title of the United States Code.
The process of positive law codification yields several benefits for the courts, Congress, Federal agencies, the private bar, and all who use or refer to Federal statutory law. Positive law codification resolves inconsistent laws, eliminates duplicate provisions, and clarifies ambiguities. When a provision of a statute is included in a non-positive law title, certain technical changes are made in the wording and organization to integrate the provision into the Code.
The greatest benefit for every citizen alike is that both periodic publication of new editions and positive law codification of the U.S. Code provides greater public access and a more comprehensive understanding of the laws of the United States.
REFERENCE
POSITIVE LAW CODIFICATION IN THE UNITED STATES CODE. https://uscode.house.gov/codification/legislation.shtml
WC: 286
Kim Brown
Sep 25, 2020 at 12:33 AM
Good evening Professor Dingle and Classmates,
The process of positive law codification is preparing and enacting the restatement of existing law. Restatements conform to policy, intent, and purpose of congress, in the original enactments but organizational structure improved, obsolete provisions eliminated and technical errors corrected. It is then enacted as a positive law title of the United States Code.
(Representatives)
The Office of the Law Revision Counsel is an independent office in the United States House of Representatives. The office is required to prepare positive law codification bills for transmission to the Committee on the Judiciary of the House of Representatives and is non-political, as required by law to maintain impartiality on the issue of legislative policy.
(Representatives)
Positive law codification benefits the courts, congress, federal agencies, private bar, and any other body that needs a reference to federal statutory law.
1. For legal evidence, the provisions of the United States Code constitute legal evidence of the law in all federal and state courts instead of mere prima facie evidence that non-positive law titles are.
2. Improving organization by regrouping provisions yielding a statutory product easier to use and a more comprehensive understanding of the law, rather than have related subjects scattered in different places in the United States Code, enacted years apart from each other.
3. Elimination of obsolete provisions after vetting proposed changes makes a cumulative effect by taking out all obsolete provisions for a much more compact comprehensive text.
4. Improving wording and form updates text from archaic legalese and makes it more readable and consistent. Form improvements for overlong and complex provisions can be broken down into labeled parts for focusing on relevant material and help readers follow the text. Importance of ensuring that the restatement of existing laws conforms to the policy, intent, and purpose of Congress on the original enactments.
5. Correcting technical errors in the law, typographical errors, misspellings, and punctuation or grammar problems.
6. Precise statutory text for public access to the federal statutory law, as the non-positive law titles vary from precise language enacted into law and cross-references, stylistic changes made for the integration of federal statutory provisions, to precise statutory language enacted into law.
7. Cleaner amendments promote accuracy and efficiency in preparing of amendments, using precise statutory language and simplified, this reduces drafting errors and compliance with congressional rules requiring comparative prints.
8 Streamlining citations using the positive law title, the United States Code becomes the complete citation for court documents, legal academic papers, and other legal work. Non-positive law titles require a long citation which includes section number, the short title of the act, public law number, and statutes at large citation along with the United States Code citation.
(Representatives)
This seems to be a very long and tedious process but the ends definitely justify the means in this process, and I’m not surprised to learn that only half of the United States Codes are positive.
Hoping everyone enjoys their weekend.
Kim Brown
Work cited: Representatives, O. o. (n.d.). Retrieved September 20, 2020, from http://uscode.house.gov/
Word count: 509
Janastia Jarrett
Sep 25, 2020 at 5:04 PM
Janastia Jarrett
Sep 25, 2020 at 5:05 PM
Hey everyone,
Positive Law Codification is the United States government way editing or revising any particular statue or law. The restatement conforms to the policy intention and the purpose of congress in the original enactment, however, the organizational structure is improved, out of date provisions are deleted and grammatical errors are corrected (LRW US Code Positive Law Codification,2020). This is all done by the Office of the Law Revision, they first prepare an initial draft to the bill which reenacts an existing law. That positive law title is then introduced to the house of representatives by the chairman of the committee on the judiciary; the judiciary holds jurisdiction over law codification. After the introduction the Office of Law Revision commence a long review and commentary process. The Office seek outside input from federal agencies, congressional committees and other areas of the law for that particular subject on proposals for the bill. Then the office of Law Revision then prepares reflections and commentary on the codification. The bill is than passed by the House of Representatives under suspension of rules and in the senate by unanimous consent. Some of the benefits of positive law codification are the ability to show how the bill was created, improves its written format to give a better comprehension, removes obsolete provisions and corrects grammar errors. Positive codification gives the government an opportunity to spell check itself.
Best Regards
J.Jarrett
work cited: C:/Users/janas/Downloads/LRW%20US%20Code%20Positive%20Law%20Codification%20(1)%20(1).pdf
Karen Granucci
Sep 25, 2020 at 6:55 PM
Hello Professor Dingle – Happy Thursday
Posted under Course Information is a document published by the Office of the Law Revision Counsel, US House of Representatives, outlining positive law codification in the United States Code (“US Code”). After reviewing the posted document, explain and summarize the process of positive law codification. What are the benefits of positive law codification?
To codify means to arrange laws or rules into a systematic code. This process does not necessarily create new law, it merely arranges existing law, usually by subject, into a code. For example, in the United States, acts of Congress are codified chronologically in the order in which they became law. Codification is one of the defining features of civil law jurisdictions. Positive law titles constitute legal evidence of the law in all Federal and State courts (1 U.S.C. 204).
What is the purpose? Codification will restate the existing law; enacts existing law as a “positive law” title; improves organization; it will remove the obsolete and ambiguous provisions, resolves inconsistent laws, and finally, it will correct any update wording to achieve a more consistent and readable style. Improvements in the form may make the text more understandable and removing any technical error which may exist. Statutory citations in court documents, legal academic papers, and other legal work are streamlined as a result of positive law codification.
What is the process? The Office of the Law Revision Counsel carefully considers the state of existing laws on a subject matter and aims for the improvement without changing their meaning. The Office actively seeks input from Federal agencies, congressional committees, experts in the area of law being codified, and other interested persons. That input is essential in ensuring that the laws are restated correctly and in identifying obsolete, ambiguous, or inconsistent provisions and reaching a consensus on how those provisions should be handled. Because much research, consultations, and consensus-building are essential in correctly restating the laws, the process of positive law codification is inherently time consuming.
https://www.law.cornell.edu/wex/codify
WORD COUNT 335
