Both titles are used as evidence of the law, but the organization differs as positive law titles are more clear. The difference between legal and prima facie evidence is a matter of authoritativeness, meaning positive law titles are more likely to be reliable in legal matters. 

Michigan State University

All general and permanent laws of the United States is organized under one of the 54 titles that best correlates with the general subject matter. Each of the 54 titles has multiple subsections, sections, subtitles, chapters, subchapters, and then divided into even smaller units, and each title will be enacted as either a positive law title or non-positive law title in the U.S Code.

The United States Code

The United States Code (n.d.). Retrieved from https://www.govinfo.gov/app/collection/USCODE

If the title in the code is a positive law title, the law itself is one federal statute that has been enacted by Congress. A positive law title reorganizes the law in a more efficient way; any unclear provisions or errors are clarified or removed, meaning the final law title provides the most modern and clear interpretation of the law. This makes positive law titles legal evidence of the law and are considered more reliable by U.S. courts. 14 titles of the U.S. Code are positive law titles. 

Positive Law Titles

A law title in the U.S. Code is composed of multiple enacted statutes that have been implemented separate from each other, but all organized under one title. A non-positive law title is prima facie evidence of the law because arguments can easily be made that wording and organization in one of the underlying statutes is different than the way one is presenting the interpretation in court. 

Learn Before

Related