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LAW NOTES including Mortgage, Foreclosure Notes & Unlawful Detainer Notes

LAW NOTES including Mortgage, Foreclosure Notes & Unlawful Detainer Notes

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Published by Carrieonic

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Categories:Business/Law
Published by: Carrieonic on Sep 30, 2011
Copyright:Attribution Non-commercial

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© 2003-2004 EFTrans
United States Code intentUnited States Code aboutwww.gpoaccess.gov/uscode/about.html 
Statutes at Largesupersede codesHouse of RepresentativesLaw Revision councilhttp://www.gpoaccess.gov/uscode/browse.html Office of the Law Revision Counsel Positive law codification is the process of preparing and enacting, one title at a time, a revisionand restatement of the general and permanent laws of the United States.Positive law codification bills prepared by the Office do not change the meaning or legal effectof a statute being revised and restated. Rather, the purpose is to remove ambiguities,contradictions, and other imperfections from the law.Lawyers and Judges in Collusion, By Judge John Fitzgerald MolloyMade Miranda v. Arizona decision.Separation of Powers doctrine00:07:15Opinion of judge is ok unless a party objects.
Legislature makes lawGPOaccess.gov/uscode official version50 titlesTitle 12 Banks & BankingUSCAUSCS
13 Stat 99 covers banking, which covers the bulk of the rules in Title 12 USC00:08:15
Judiciary to interpret the intent of Congress, i.e. he confirms the intent ofCongress
Judge’s authority is only to state what the intent of Congress was. When the case is appealed,that is when the intent of the CongressHe has no delegation of authority to go beyond that.
If judge doesn’t interpret, but makes his own law, then he is voidingcontract, or exceeding jurisdiction.
1 USC Chapter 3, Sec. 204
 
The codes are “prima facie” evidence of law unless enacted into positive law in which case theyare “legal” evidence of law.[updated 05-04-2009]
Sec. 204. Codes and Supplements as evidence of the laws ofUnited States and District of Columbia; citation of Codes andSupplementsIn all courts, tribunals, and public offices of the United States,at home or abroad, of the District of Columbia, and of each State,Territory, or insular possession of the United States--(a) United States Code.--
The matter set forth in the edition of theCode of Laws of the United States current at any time shall, togetherwith the then current supplement, if any, establish prima facie the lawsof the United States, general and permanent in their nature
, in force onthe day preceding the commencement of the session following the lastsession the legislation of which is included: Provided, however, That
whenever titles of such Code shall have been enacted into positive lawthe text thereof shall be legal evidence of the laws therein contained,in all the courts of the United States, the several States, and theTerritories and insular possessions of the United States.
 (b) District of Columbia Code.--The matter set forth in the editionof the Code of the District of Columbia current at any time shall,together with the then current supplement, if any, establish prima faciethe laws, general and permanent in their nature, relating to or in forcein the District of Columbia on the day preceding the commencement of thesession following the last session the legislation of which is included,except such laws as are of application in the District of Columbia byreason of being laws of the United States general and permanent in theirnature.(c) District of Columbia Code; citation.--The Code of the Districtof Columbia may be cited as ``D.C. Code''.(d) Supplements to Codes; citation.--Supplements to the Code of Lawsof the United States and to the Code of the District of Columbia may becited, respectively, as ``U.S.C., Sup. '', and ``D.C. Code, Sup.'', the blank in each case being filled with Roman figures denoting thenumber of the supplement.(e) New edition of Codes; citation.--New editions of each of suchcodes may be cited, respectively, as ``U.S.C., ed.'', and ``D.C.Code, ed.'', the blank in each case being filled with figuresdenoting the last year the legislation of which is included in whole orin part.
00:10:15The bulk of the codes come from a combination of legislated statutes and interpretive case law.Codes can be found athttp://www.gpoaccess.gov 
Office of the Law Revision Counsel of the House of RepresentativePositive law codification is the process of preparing and enacting, one titleat a time, a revision and restatement of the
general and permanent laws
ofthe United States.
 
00:13:50Titles enacted into law:1 3 4 5 9 10 11 13 14 17 18 23 28 31 32 35 36 37 38 39 44 46 49Titles Enacted = Legal evidence of the law,
 positive law
 Titles not Enacted =
 prima facie
evidence of law
http://uscode.house.gove13 Stat. 99 has bulk of the Banks & Banking statutes12 USC is the Banks and Banking codesUSCA & USCS same as USC, plus has annotationsUSCA has “case holding” relative to the statutes
1 USC Chapter 3, Sec 20400:19:00Rectum = an accusation or a trial00:20:00Codes vs statutes00:20:15Title 62 of Statutes at Large, which is 13 Stat 99Title 12 of Codes, Banks and Banking00:20:40Official source for the United States laws is
Statute at Large
and UnitedStates Code is only
 prima facie
evidence of such laws.
Royer’s Inc. v.United States (1959, CA3 Pa) 265 F.2d 615, 59-1 USTC 9371, 3 AFTR 2d 1157l
.Statutes at Large are “legal evidence” of laws contained therein and areaccepted as proof of those laws in any court of United States.
Bear v.United States (1985, DC Neb) 611 F Supp 589, affd (1987, CA8 Neb) 810 F.2d153
 Unless Congress affirmatively enacts title of United States Code into law,title is only prima facie* evidence of law.
Preston v. Heckler (1984, CA9 Alaska) 734 F.2d 1359, 34 CCHEPD 34433, later proceeding (1984, DC Alaska)596 F Supp 1158
.Where title has not been enacted into positive law, title is only prima facieor reputable evidence of law, and if construction is necessary, recourse maybe had to original statutes themselves.
United States v. Zuger (1984, DCConn) 602 F Supp 889, affd without op (1985, CA2 Conn) 755 F.2d 915, cert denand app dismd (1985) 474 US 805, 88 L Ed 2d 32, 106 S Ct 38
.Even codification into positive law will not give code precedence where thereis conflict between codification and Statutes at Large.
 Warner v. Goltra(1934) 293 US 155, 79 L Ed 254, 55 S Ct 46; Stephan v. United States (1943)

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