Introduction to Basic Legal Citation - access-to-law home

"When the issue is the constitutionality of a statute, every presumption will be made in favor
of its validity and no statute will be declared unconstitutional unless its invalidity appears so
clearly as to leave no doubt that it conflicts with the constitution." State v. Jones, 344 S.C. 48,
58, 543 S.E.2d 541, 546 (2001) (citations omitted). This general presumption of validity can
be overcome only by a clear showing the act violates some provision of the constitution. Main
v. Thomason, 342 S.C. 79, 535 S.E.2d 918 (2000); State v. Brown, 317 S.C. 55, 451 S.E.2d
888 (1994); see also Westvaco Corp. v. South Carolina Dep't of Revenue, 321 S.C. 59, 467
S.E.2d 739 (1995).
. . . .
The Court of Appeals correctly ruled on this issue in Justice v. Pantry, 330 S.C. 37, 496
S.E.2d 871 (Ct. App. 1998), aff'd as modified, 335 S.C. 572, 518 S.E.2d 40 (1999).
. . . .
Furthermore, although the statute itself does not define "special inducement," the regulations
of DOR do clarify the term. 27 S.C. Code Reg. 117-190.1 provides:
Any attempt to influence a person to play video game machines is an inducement and is
strictly prohibited by the statute. A location will be subject to the various civil or criminal
penalties imposed by the statute for offering any of the following inducements . . . .
S.C. App. Pract. R. 268,
http://www.sccourts.org/courtReg/displayRule.cfm?ruleID=268.0&subRuleID=&
ruleType=APP.
CITATION OF SOUTH CAROLINA AUTHORITY
To provide guidance on citing South Carolina authority, the following forms of citation are
given. Once cited in the form given, the authority may thereafter be cited in an abbreviated
form. Additional guidance on citation of authority may be found in A Uniform System of
Citation published by the Harvard Law Review Association, A Guide to South Carolina Legal
Research and Citation published by the S.C. Bar C.L.E. Division, or other publications.
(a) South Carolina Constitution. The South Carolina Constitution should be cited in the
following manner: S.C. Const. art. IV, § 4.
(b) Statutes and Regulations.
(1) Statutes which appear in a hardbound volume of the Code of Laws of South Carolina
should be cited in the following form: S.C. Code Ann. § 1-2-345 (1976). Where the statute
appears in a replacement hardbound volume, the citation should include the date appearing
on the spine of the volume or the copyright date of the volume in the following form: S.C.
Code Ann. § 11-35-1210 (1986). Statutes which appear in the supplement to the Code of
Laws of South Carolina should be cited in the following form: S.C. Code Ann. § 6-7-890
(Supp. 1988).
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