Positive law

What positive law means

In practice, you will see positive law in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where positive law comes up

The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.

How to research the term

Start with the primary source. For example, if positive law appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read positive law in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

You can read the current federal court rules online for free.

Related legal terms

• Pleading: a formal written statement of a party's claims or defenses. Under Federal Rule of Civil Procedure 7(a), the pleadings are the complaint, the answer, and certain other listed documents. Motions are not pleadings.
• Pooling and servicing agreement: a contract governing the transfer of loans into a securitization trust and the duties of the trustee and servicer.
• Power of sale: a clause in a mortgage or deed of trust allowing the property to be sold after default without a court proceeding, following state statutory procedures.
• Precedent: a prior court decision that guides or controls later cases on similar issues.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.