(DOWNLOAD) "Time is on My Side: Four Steps to Applying the Correct Law (Florida)" by Florida Bar Journal # Book PDF Kindle ePub Free
eBook details
- Title: Time is on My Side: Four Steps to Applying the Correct Law (Florida)
- Author : Florida Bar Journal
- Release Date : January 01, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
Reliance on Florida's statutes presents a recurring dilemma: What year of the Florida Statutes applies to the dispute? In Florida, the legislature repeals and then amends and readopts the Florida Statutes each year. The process produces a general effective date for statutes that were not amended and scattered effective dates for statutes that were. In some cases, knowing what version of a statute applies is critical to the legal issue presented. To ensure the correct law is applied to your legal dispute, you must know how Florida's statutes are enacted and amended. This article proposes a four-step process to determine and cite the applicable year of the Florida Statutes. The first step is to consider whether the statute at issue is procedural or substantive and to assess what type of date is controlling in the given area of law. The second step requires a factual inquiry into what that date is in your case. In the third step, this date is used to determine the version of the statute in effect on that date, and where that version appears in the Florida Statutes. The final step is to properly cite to that statute in legal argument.
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