Chapter 3 Constitutions, Statutes, & Court Rules Flashcards
What makes constitutional research challenging?
Constitutional research is challenging because although it is not difficult to find the text of a constitution, it is difficult to find and analyze the large amount of authority, both primary and secondary, about any particular constitutional provision or issue.
What is an annotated code?
An annotated code has the text of a constitution and statutes, along with case annotations of judicial opinions that have interpreted the law. It also provides other editorial enhancements, such as citations to relevant secondary sources.
Why would a researcher use the annotated code to research a statute?
The researcher would use the annotated code because it has editorial enhancements, such as case annotations and references to relevant secondary authority or historical documents.
What does it mean to state that a publication is prima facie evidence of the law?
A publication is prima facie evidence of the law when the text is the law subject to any differences found in the positive form of the law.
What does it mean to state that a publication is the positive form of the law?
A publication is the positive form of the law when it is deemed the governing version of the law.
