1.
Common law
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Common law is the body of law developed from the thirteenth century to the present day, as case law or precedent, by judges, courts, and tribunals. In cases where the parties disagree on what the law is, if a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision. Resolution of the issue in one case becomes precedent that binds future courts, stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems. A common law system is a system that gives great precedential weight to common law. Common law systems originated during the Middle Ages in England, today, one third of the worlds population live in common law jurisdictions or in systems mixed with civil law. The term common law has many connotations, the first three set out here are the most-common usages within the legal community. Other connotations from past centuries are seen, and are sometimes heard in everyday speech. Blacks Law Dictionary, 10th Ed. gives as definition 1,1, the body of law derived from judicial decisions, rather than from statutes or constitutions, CASELAW, STATUTORY LAW. In this connotation, common law distinguishes the authority that promulgated a law. e, examples include most criminal law and procedural law before the 20th century, and even today, most contract law and the law of torts. Interstitial common law decisions that analyze, interpret and determine the fine boundaries. Publication of decisions, and indexing, is essential to the development of common law, while all decisions in common law jurisdictions are precedent, some become leading cases or landmark decisions that are cited especially often. Blacks 10th Ed. definition 2, differentiates common law jurisdictions, by contrast, in civil law jurisdictions, courts lack authority to act if there is no statute. Judicial precedent is given less weight, which means that a judge deciding a given case has more freedom to interpret the text of a statute independently. For example, the Napoleonic code expressly forbade French judges to pronounce general principles of law. As a rule of thumb, common law systems trace their history to England, blacks 10th Ed. definition 4, differentiates common law from equity. This split propagated to many of the colonies, including the United States, for most purposes, most jurisdictions, including the U. S. federal system and most states, have merged the two courts. Additionally, even before the courts were merged, most courts were permitted to apply both law and equity, though under potentially different procedural law. In the United States, determining whether the Seventh Amendments right to a jury trial applies or whether the issue will be decided by a judge, the standard of review and degree of deference given by an appellate tribunal to the decision of the lower tribunal under review
2.
Contract
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A contract is a voluntary arrangement between two or more parties that is enforceable by law as a binding legal agreement. Contract is a branch of the law of obligations in jurisdictions of the civil law tradition, Contract law concerns the rights and duties that arise from agreements. A contract arises when the parties agree that there is an agreement, formation of a contract generally requires an offer, acceptance, consideration, and a mutual intent to be bound. Each party to a contract must have capacity to enter the agreement, minors, intoxicated persons, and those under a mental affliction may have insufficient capacity to enter a contract. Some types of contracts may require formalities, such as a memorialization in writing, at common law, the elements of a contract are offer, acceptance, intention to create legal relations, and consideration. Not all agreements are necessarily contractual, as the parties generally must be deemed to have an intention to be legally bound, a so-called gentlemens agreement is one which is not intended to be legally enforceable, and which is binding in honour only. In order for a contract to be formed, the parties must reach mutual assent and this is typically reached through offer and an acceptance which does not vary the offers terms, which is known as the mirror image rule. An offer is a statement of the offerors willingness to be bound should certain conditions be met. If a purported acceptance does vary the terms of an offer, it is not an acceptance but a counteroffer and, therefore, the Uniform Commercial Code disposes of the mirror image rule in §2-207, although the UCC only governs transactions in goods in the USA. As a court cannot read minds, the intent of the parties is interpreted objectively from the perspective of a reasonable person and it is important to note that where an offer specifies a particular mode of acceptance, only an acceptance communicated via that method will be valid. Contracts may be bilateral or unilateral, a bilateral contract is an agreement in which each of the parties to the contract makes a promise or set of promises to each other. For example, in a contract for the sale of a home, less common are unilateral contracts in which one party makes a promise, but the other side does not promise anything. In these cases, those accepting the offer are not required to communicate their acceptance to the offeror, in a reward contract, for example, a person who has lost a dog could promise a reward if the dog is found, through publication or orally. The payment could be conditioned on the dog being returned alive. Those who learn of the reward are not required to search for the dog, but if someone finds the dog and delivers it, the High Court of Australia stated that the term unilateral contract is unscientific and misleading. In certain circumstances, a contract may be created. A contract is implied in fact if the circumstances imply that parties have reached an agreement even though they have not done so expressly, quantum meruit claims are an example. Carbolic, a firm, advertised a smoke ball marketed as a wonder drug that would, according to the instructions
3.
United States
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Forty-eight of the fifty states and the federal district are contiguous and located in North America between Canada and Mexico. The state of Alaska is in the northwest corner of North America, bordered by Canada to the east, the state of Hawaii is an archipelago in the mid-Pacific Ocean. The U. S. territories are scattered about the Pacific Ocean, the geography, climate and wildlife of the country are extremely diverse. At 3.8 million square miles and with over 324 million people, the United States is the worlds third- or fourth-largest country by area, third-largest by land area. It is one of the worlds most ethnically diverse and multicultural nations, paleo-Indians migrated from Asia to the North American mainland at least 15,000 years ago. European colonization began in the 16th century, the United States emerged from 13 British colonies along the East Coast. Numerous disputes between Great Britain and the following the Seven Years War led to the American Revolution. On July 4,1776, during the course of the American Revolutionary War, the war ended in 1783 with recognition of the independence of the United States by Great Britain, representing the first successful war of independence against a European power. The current constitution was adopted in 1788, after the Articles of Confederation, the first ten amendments, collectively named the Bill of Rights, were ratified in 1791 and designed to guarantee many fundamental civil liberties. During the second half of the 19th century, the American Civil War led to the end of slavery in the country. By the end of century, the United States extended into the Pacific Ocean. The Spanish–American War and World War I confirmed the status as a global military power. The end of the Cold War and the dissolution of the Soviet Union in 1991 left the United States as the sole superpower. The U. S. is a member of the United Nations, World Bank, International Monetary Fund, Organization of American States. The United States is a developed country, with the worlds largest economy by nominal GDP. It ranks highly in several measures of performance, including average wage, human development, per capita GDP. While the U. S. economy is considered post-industrial, characterized by the dominance of services and knowledge economy, the United States is a prominent political and cultural force internationally, and a leader in scientific research and technological innovations. In 1507, the German cartographer Martin Waldseemüller produced a map on which he named the lands of the Western Hemisphere America after the Italian explorer and cartographer Amerigo Vespucci
4.
Will and testament
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For the devolution of property not disposed of by will, see inheritance and intestacy. Thus, the word will validly applies to personal and real property. A will may also create a testamentary trust that is only after the death of the testator. Throughout most of the world, disposal of an estate has been a matter of social custom, according to Plutarch, the written will was invented by Solon. Originally it was a device intended solely for men who died without an heir, the English phrase will and testament is derived from a period in English law when Old English and Law French were used side by side for maximum clarity. Other such legal doublets include breaking and entering and peace and quiet, the conception of the freedom of disposition by will, familiar as it is in modern England and the United States, both generally considered common law systems, is by no means universal. In fact, complete freedom is the rather than the rule. Civil law systems often put some restrictions on the possibilities of disposal, advocates for gays and lesbians have pointed to the inheritance rights of spouses as desirable for same-sex couples as well, through same-sex marriage or civil unions. Opponents of such advocacy rebut this claim by pointing to the ability of same-sex couples to disperse their assets by will, types of wills generally include, nuncupative - oral or dictated, often limited to sailors or military personnel. Holographic will - written in the hand of the testator, in many jurisdictions, the signature, self-proved - in solemn form with affidavits of subscribing witnesses to avoid probate. Notarial - will in public form and prepared by a civil-law notary, servicemans will - will of person in active-duty military service and usually lacking certain formalities, particularly under English law. Reciprocal/mirror/mutual/husband and wife wills - wills made by two or more parties that make similar or identical provisions in favor of each other, unsolemn will - will in which the executor is unnamed. Will in solemn form - signed by testator and witnesses, some jurisdictions recognize a holographic will, made out entirely in the testators own hand, or in some modern formulations, with material provisions in the testators hand. The distinctive feature of a holographic will is less that it is handwritten by the testator, in Louisiana this type of testament is called an Olographic or Mystic will. It must be written, dated, and signed in the handwriting of the testator. Although the date may appear anywhere in the testament, the testator must sign the testament at the end of the testament, any additions or corrections must also be entirely hand written to have effect. In England, the formalities of wills are relaxed for soldiers who express their wishes on active service, a minority of jurisdictions even recognize the validity of nuncupative wills, particularly for military personnel or merchant sailors. However, there are constraints on the disposition of property if such an oral will is used
5.
Criminal law
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Criminal law is the body of law that relates to crime. It regulates social conduct and proscribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety and it includes the punishment of people who violate these laws. Criminal law varies according to jurisdiction, and differs from civil law, the first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians, another important early code was the Code Hammurabi, which formed the core of Babylonian law. Only fragments of the criminal laws of Ancient Greece have survived, e. g. those of Solon. In Roman law, Gaiuss Commentaries on the Twelve Tables also conflated the civil and criminal aspects, assault and violent robbery were analogized to trespass as to property. Breach of such laws created an obligation of law or vinculum juris discharged by payment of compensation or damages. The criminal law of imperial Rome is collected in Books 47–48 of the Digest, the first signs of the modern distinction between crimes and civil matters emerged during the Norman Invasion of England. The development of the state dispensing justice in a court clearly emerged in the century when European countries began maintaining police services. From this point, criminal law had formalized the mechanisms for enforcement, Criminal law is distinctive for the uniquely serious potential consequences or sanctions for failure to abide by its rules. Every crime is composed of criminal elements, capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment may be imposed such as whipping or caning, individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Length of incarceration may vary from a day to life, government supervision may be imposed, including house arrest, and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a convicted of a crime. Five objectives are widely accepted for enforcement of the law by punishments, retribution, deterrence. Jurisdictions differ on the value to be placed on each, retribution – Criminals ought to Be Punished in some way. This is the most widely seen goal, Criminals have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the criminal law will put criminals at some unpleasant disadvantage to balance the scales. People submit to the law to receive the right not to be murdered and if people contravene these laws, thus, one who murders may be executed himself
6.
DNA profiling
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DNA profiling is a forensic technique used to identify individuals by characteristics of their DNA. A DNA profile is a set of DNA variations that is very likely to be different in all unrelated individuals. DNA profiling should not be confused with full genome sequencing, DNA fingerprinting has also been widely used in the study of animal and floral populations and has revolutionized the fields of zoology, botany, and agriculture. Although 99. 9% of human DNA sequences are the same in every person, enough of the DNA is different that it is possible to one individual from another. DNA profiling uses repetitive sequences that are variable, called variable number tandem repeats, in particular short tandem repeats, also known as microsatellites. VNTR loci are very similar between closely related individuals, but are so variable that unrelated individuals are extremely unlikely to have the same VNTRs. The modern process of DNA profiling was developed in 1984 by Sir Alec Jeffreys while working in the Department of Genetics at the University of Leicester, developed by Professor of Genetics Sir Alec Jeffreys, the process begins with a sample of an individuals DNA. A common method of collecting a sample is the use of a buccal swab. Samples obtained from blood relatives can provide an indication of an individuals profile, a reference sample is then analyzed to create the individuals DNA profile using one of a number of techniques, discussed below. The DNA profile is then compared against another sample to determine there is a genetic match. The first methods for finding out genetics used for DNA profiling involved RFLP analysis, DNA is collected from cells, such as a blood sample, and cut into small pieces using a restriction enzyme. This generates thousands of DNA fragments of differing sizes as a consequence of variations between DNA sequences of different individuals, the fragments are then separated on the basis of size using gel electrophoresis. The separated fragments are transferred to a nitrocellulose or nylon filter. The DNA fragments within the blot are permanently fixed to the filter, radiolabeled probe molecules are then added that are complementary to sequences in the genome that contain repeat sequences. These repeat sequences tend to vary in length among different individuals and are called variable number tandem repeat sequences or VNTRs, the probe molecules hybridize to DNA fragments containing the repeat sequences and excess probe molecules are washed away. The blot is then exposed to an X-ray film, fragments of DNA that have bound to the probe molecules appear as dark bands on the film. The Southern blot technique is laborious, and requires large amounts of undegraded sample DNA, also, Karl Browns original technique looked at many minisatellite loci at the same time, increasing the observed variability, but making it hard to discern individual alleles. These early techniques have been supplanted by PCR-based assays, developed by Kary Mullis in 1983, a process was reported by which specific portions of the sample DNA can be amplified almost indefinitely
7.
Testimony
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In law and in religion, testimony is a solemn attestation as to the truth of a matter. The words testimony and testify both have a roots in the Latin testis, referring to the notion of a third person, in the law, testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is made by oath or affirmation under penalty of perjury. To be admissible in court and for reliability and validity. Legitimate expert witnesses with an understanding of legal process and the inherent dangers of false or misleading testimony refrain from making statements of fact. They also recognize that they are in fact not witnesses to a crime or other event in any way. Their expertise is in the examination of evidence or relevant facts in the case and they should make no firm judgement or claim or accusation about any aspect of the case outside their narrow range of expertise. They also should not allege any fact they cant immediately and credibly prove scientifically, a wide range of factors make it physically impossible to prove for certain that two hair or tissue samples came from a common source. If an attorney failed to take an exception immediately after the ruling on the objection. Exceptions have since been abolished, due to the recognition that forcing lawyers to take them was a waste of time. When a party uses the testimony of a witness to show proof and this may be done using cross-examination, calling into question the witnesss competence, or by attacking the character or habit of the witness. Christians in general, especially within the Evangelical tradition, use the term testify or to give testimony to mean the story of how one became a Christian. Commonly it may refer to an event in a Christians life in which they believe God has done something deemed particularly worth sharing. Christians often give their testimony at their own baptism or at evangelistic events, in the current age of the Internet, many Christians have also placed their testimonies on the internet. Many holiness churches devote a portion of their service to allow members to give a personal testimony about their faith. In the Religious Society of Friends, the testimony is used to refer to the ways in which Friends testify or bear witness to their beliefs in their everyday lives. In this context, the word testimony refers not to the belief, but the committed action which arises out of their beliefs. Common areas which modern Friends are said to testify are testimony towards peace, testimony to simplicity, testimony to truth and integrity, in some religions many adherents testify as a profession of their faith, often to a congregation of believers
8.
Witness
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A witness is someone who has, who claims to have, or is thought, by someone with authority to compel testimony, to have knowledge relevant to an event or other matter of interest. A percipient witness or eyewitness is one who testifies what they perceived through his or her senses, a hearsay witness is one who testifies what someone else said or wrote. In most court proceedings there are limitations on when hearsay evidence is admissible. Such limitations do not apply to grand jury investigations, many administrative proceedings, also some types of statements are not deemed to be hearsay and are not subject to such limitations. An expert witness may or may not also be a percipient witness, a reputation witness is one who testifies about the reputation of a person or business entity, when reputation is material to the dispute at issue. Sometimes the testimony is provided in public or in a confidential setting, although informally a witness includes whoever perceived the event, in law, a witness is different from an informant. A confidential informant is someone who claimed to have witnessed an event or have hearsay information, the information from the confidential informant may have been used by a police officer or other official acting as a hearsay witness to obtain a search warrant. A subpoena commands a person to appear and it is used to compel the testimony of a witness in a trial. Usually, it can be issued by a judge or by the representing the plaintiff or the defendant in a civil trial or by the prosecutor or the defense attorney in a criminal proceeding. In many jurisdictions, it is compulsory to comply, to take an oath, in a court proceeding, a witness may be called by either the prosecution or the defense. The side that calls the witness first asks questions, in what is called direct examination, the opposing side then may ask their own questions in what is called cross-examination. In some cases, redirect examination may then be used by the side called the witness. Recalling a witness means calling a witness, who has given testimony in a proceeding. Witness are usually permitted to testify to what they experienced first hand. In most cases, they may not testify about something they were told and this restriction does not apply to expert witnesses. Expert witnesses, however, may only testify in the area of their expertise, Eyewitness testimony is generally presumed to be more reliable than circumstantial evidence. Studies have shown, however, that individual, separate witness testimony is often flawed and this can occur because of flaws in Eyewitness identification, or because a witness is lying. One study involved an experiment, in which subjects acted as jurors in a criminal case, jurors heard a description of a robbery-murder, then a prosecution argument, and then an argument for the defense
9.
Witness impeachment
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Witness impeachment, in the law of evidence of the United States, is the process of calling into question the credibility of an individual testifying in a trial. The Federal Rules of Evidence contain the rules governing impeachment in US federal courts, under the common law of England, a party could not impeach its own witness unless one of four special circumstances was met. The Voucher Rule required the proponent of the witness to vouch for the truthfulness of the witness, here are the special circumstances, If the witness were an adverse party. If the witness were one that the party was required by law to call as a witness, If the witness surprised the party who called him by giving damaging testimony against that party. The rule has been eliminated in many jurisdictions, under the US Federal Rules of Evidence, Rule 607 permits any party to attack the credibility of any witness. Witness bias may be catalyzed by any number of circumstances, ranging from the blood relationship to a party to his financial stake in the outcome of the litigation. Most US jurisdictions require a cross-examiner to lay a foundation before extrinsic evidence can be used to bias for impeachment purposes. A party may impeach a witness by introducing those of his statements that are inconsistent with his current testimony at trial. In a minority of jurisdictions that follow FRE801, the prior inconsistent statement may be used not only to impeach, a prior inconsistent statement offered solely for impeachment purposes is admissible regardless of whether it satisfies those requirements. The cross-examining attorney need not disclose or show the contents of a prior inconsistent statement to a prior to the moment he is questioned. If the witnesss attorney asks to see the prior inconsistent statement, however, the majority of US jurisdictions permit parties to impeach witnesses by demonstrating their bad character regarding truthfulness. Under the Federal Rules a party may demonstrate that by reputation or opinion testimony and that is, a witnesss credibility cannot be bolstered, only impeached. Additionally, a party may impeach a witness for bad character by introducing evidence of the prior conviction of a crime. If the witness is defendant, the burden is on the prosecution to show that the value of the impeachment outweighs the danger of unfair prejudice to the defendant. The probative value must merely outweigh unfair prejudice, the probative value must substantially outweigh unfair prejudice. Under California Evidence Code Section 787, a party may not use either cross-examination or extrinsic evidence to impeach a witness by showing specific instances of prior misconduct, the witness was unable to sense what he claimed to have, or he lacked the requisite mental capacity. Older common law would exclude an incompetent witness from testifying, modern rules, such as the Federal Rules of Evidence, allow the witness on the stand to consider competence as one of many factors that juries are to consider to determine credibility of the witness. The witness is induced to contradict the own testimony during the present proceeding and that differs from inconsistent statements above
10.
Trust law
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A trust is a relationship whereby property is held by one party for the benefit of another. A trust is created by a settlor, who transfers property to a trustee, the trustee holds that property for the trusts beneficiaries. Trusts exist mainly in common law jurisdictions and similar systems existed since Roman times and this may be done for tax avoidance reasons or to control the property and its benefits if the settlor is absent, incapacitated, or deceased. Trusts are frequently created in wills, defining how money and property will be handled for children or other beneficiaries, the trustee is given legal title to the trust property, but is obligated to act for the good of the beneficiaries. The trustee may be compensated and have expenses reimbursed, but otherwise must turn over all profits from the trust properties, Trustees who violate this fiduciary duty are self-dealing. Courts can reverse self-dealing actions, order profits returned, and impose other sanctions, the trustee may be either an individual, a company, or a public body. There may be a trustee or multiple co-trustees. The trust is governed by the terms under which it was created, in most jurisdictions, this requires a contractual trust agreement or deed. A trust is created by a settlor, who transfers title to some or all of his or her property to a trustee, the trust is governed by the terms under which it was created. In most jurisdictions, this requires a contractual trust agreement or deed and it is possible for a single individual to assume the role of more than one of these parties, and for multiple individuals to share a single role. For example, in a living trust it is common for the grantor to be both a trustee and a beneficiary, while naming other contingent beneficiaries. Trusts have existed since Roman times and have one of the most important innovations in property law. Trust law has evolved through court rulings differently in different states, so statements in this article are generalizations, States are adapting the Uniform Trust Code to codify and harmonize their trust laws, but state-specific variations still remain. An owner placing property into trust turns over part of his or her bundle of rights to the trustee, separating the propertys legal ownership and control from its equitable ownership and benefits. This may be done for tax reasons or to control the property and its benefits if the settlor is absent, incapacitated, testamentary trusts may be created in wills, defining how money and property will be handled for children or other beneficiaries. While the trustee is given legal title to the trust property, in accepting the property title, the primary duties owed include the duty of loyalty, the duty of prudence, the duty of impartiality. A trustee may be held to a high standard of care in their dealings. In addition, a trustee has a duty to know, understand, the trustee may be compensated and have expenses reimbursed, but otherwise must turn over all profits from the trust properties
11.
Case law
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Case law is the set of existing rulings which made new interpretations of law and, therefore, can be cited as precedents. In other countries, such as most European countries, the term is applied to any set of rulings on law which is guided by previous rulings, for example, patent office case law. Trials and hearings which are not selected as courts of first impression do not have rulings that become law, therefore. The legal systems of the Nordic countries are included among the civil law systems, but as a separate branch. In Sweden, for instance, case law plays a more important role than in some of the Continental civil law systems. The two highest courts, the Supreme Court and the Supreme Administrative Court, have the right to set precedent which is in practice binding on all future application of the law. Courts of appeal, both courts and administrative courts may also issue decisions that act as guides for the application of the law. In the common law tradition, courts decide the law applicable to a case by interpreting statutes and applying precedents which record how, normally, the burden rests with litigants to appeal rulings to the higher courts. If a judge acts against precedent and the case is not appealed, the decision will stand. A lower court may not rule against a binding precedent, even if it feels that it is unjust and this may happen several times as the case works its way through successive appeals. High Trees House Ltd K. B.130, the different roles of case law in civil and common law traditions create differences in the way that courts render decisions. By contrast, decisions in civil law jurisdictions are generally very short, some pluralist systems, such as Scots law in Scotland and so-called civil law jurisdictions in Quebec and Louisiana, do not precisely fit into the dual common-civil law system classifications. Such systems may have heavily influenced by the Anglo-American common law tradition, however. Because of their position between the two systems of law, these types of legal systems are sometimes referred to as mixed systems of law. Law professors in common law traditions play a smaller role in developing case law than professors in civil law traditions. Historically, common law courts relied little on legal scholarship, thus, at the turn of the twentieth century, thus common law systems are adopting one of the approaches long common in civil law jurisdictions. Judges may refer to types of persuasive authority to reach a decision in a case. Widely cited non-binding sources include legal encyclopedias such as Corpus Juris Secundum and Halsburys Laws of England, some bodies are given statutory powers to issue Guidance with persuasive authority or similar statutory effect, such as the Highway Code
12.
United States Code
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The Code of Laws of the United States of America is the official compilation and codification of the general and permanent federal statutes of the United States. It contains 52 titles, and a further three titles have been proposed, the main edition is published every six years by the Office of the Law Revision Counsel of the House of Representatives, and cumulative supplements are published annually. The official version of those laws not codified in the United States Code can be found in United States Statutes at Large, the official text of an Act of Congress is that of the enrolled bill presented to the President for his signature or disapproval. Upon enactment of a law, the bill is delivered to the Office of the Federal Register within the National Archives. After authorization from the OFR, copies are distributed as slip laws by the Government Printing Office, the Archivist assembles annual volumes of the enacted laws and publishes them as the United States Statutes at Large. By law, the text of the Statutes at Large is legal evidence of the laws enacted by Congress, slip laws are also competent evidence. The Statutes at Large, however, is not a convenient tool for legal research and it is arranged strictly in chronological order so that statutes addressing related topics may be scattered across many volumes. Statutes often repeal or amend laws, and extensive cross-referencing is required to determine what laws are in force at any given time. The United States Code is the result of an effort to make finding relevant and effective statutes simpler by reorganizing them by subject matter, the Code is maintained by the Office of the Law Revision Counsel of the U. S. House of Representatives. The LRC updates the Code accordingly, because of this codification approach, a single named statute may or may not appear in a single place in the Code. Often, complex legislation bundles a series of provisions together as a means of addressing a social or governmental problem, for example, an Act providing relief for family farms might affect items in Title 7, Title 26, and Title 43. When the Act is codified, its various provisions might well be placed in different parts of those various Titles, usually, the individual sections of a statute are incorporated into the Code exactly as enacted, however, sometimes editorial changes are made by the LRC. Though authorized by statute, these changes do not constitute positive law, the authority for the material in the United States Code comes from its enactment through the legislative process and not from its presentation in the Code. For example, the United States Code omitted 12 U. S. C. §92 for decades, apparently because it was thought to have been repealed. In its 1993 ruling in U. S. National Bank of Oregon v. Independent Insurance Agents of America, by law, those titles of the United States Code that have not been enacted into positive law are prima facie evidence of the law in effect. The United States Statutes at Large remains the ultimate authority, if a dispute arises as to the accuracy or completeness of the codification of an unenacted title, the courts will turn to the language in the United States Statutes at Large. This process makes that title of the United States Code legal evidence of the law in force, where a title has been enacted into positive law, a court may neither permit nor require proof of the underlying original Acts of Congress. The distinction between enacted and unenacted titles is largely academic because the Code is nearly always accurate, the United States Code is routinely cited by the Supreme Court and other federal courts without mentioning this theoretical caveat
