Substantive and procedural law relationship

substantive and procedural law relationship

What's the difference between Procedural Law and Substantive Law? Procedural law consists of the set of rules that govern the proceedings of the court in. The relationship between so-called substantive law (in particular, civil and private law) on one side, and civil procedural law on the other side, was subject to. Substantive law is a type of law that handles the legal relationship between Substantive law differs from procedural law, in that it defines people's rights and.

Difference Between Procedural Law and Substantive Law (with Comparison Chart) - Key Differences

So, it describes the series of steps taken in civil, criminal and administrative cases. As procedural law determines the procedure of all lawsuits, it complies with the due process. The procedural law determines the means of imposing rights and providing remedies to wrong. It consists of rules concerning jurisdiction, pleading, appealing, presenting evidence, executing judgement, cost and the like. Definition of Substantive Law Substantive law is used to mean the written law that states the rights, duties and liabilities of the citizens and collective bodies.

It is the system of rules that regulate the behaviour of the citizens of the country. It is generally codified in statutes but can also be found in common law. Substantive law is concerned with the substance of the case. It either helps in suing someone or defending a person from legal proceedings. It is that part of the legal system which differentiates between right and wrong conduct and personifies the idea that committing the crime will lead to penalty or punishment or both as the case may be to the wrongdoer.

substantive and procedural law relationship

In fact, individual counties or other small jurisdictions may have specific procedures that must be adhered to. These often include the manner in which cases must be filed, how notification must be given to the parties, and how the records are handled.

substantive and procedural law relationship

Related Legal Terms and Issues Civil Lawsuit — A lawsuit brought about in court when one person claims to have suffered a loss due to the actions of another person. Criminal Charge — A formal accusation by a prosecuting authority that an individual has committed a crime.

Defendant — A party against whom a lawsuit has been filed in civil court, or who has been accused of, or charged with, a crime or offense.

Substantive Law - Definition, Examples, Cases, Processes

Plaintiff — A person who brings a legal action against another person or entity, such as in a civil lawsuit, or criminal proceedings. Plea Bargain — An agreement between the prosecutor and defendant in which the defendant agrees to plead guilty to some of the charges, or a lesser charge, in exchange for a reduced sentence, or some other concession by the prosecution. Probable Cause — Facts and circumstances leading to the belief that an accused person has committed a crime.

substantive and procedural law relationship

For instance, substantive law in a lawsuit for a negligence claim consists of four major elements: The duty to protect others The failure to exercise a reasonable standard of care Proximate cause Actual injury The laws of the state in which the lawsuit is brought will dictate the nature of the case, and will determine to what extent each of these elements exists. Negligence is most commonly pursued in cases involving motor vehicle accidents.

Difference Between Procedural Law and Substantive Law

While all states will insist that a plaintiff prove the existence of these four elements of substantive law in a lawsuit to be victorious in a negligence claim, each state will differ insofar as its specific driving laws are concerned. For instance, while someone is not allowed to make a right turn on red light in one state, he may be allowed to do so in another state.

substantive and procedural law relationship

Therefore, a plaintiff in a state where this is illegal may have a case for negligence, while a plaintiff in a state that allows it might not. Substantive Criminal Law Substantive criminal law deals with the elements of a case insofar as whether the issue at hand can be considered a crime or not. For every alleged crime that has taken place, there are specific elements that must exist in order to classify it as a crime.

Substantive Law

For instance, substantive criminal law would dictate that, for a person to be charged with the crime of burglary, the following elements must be present: Into a building… With the intention of committing a crime. If these three elements are not present, then the incident may not be classified as a burglary, and a jury may decide that the accused is innocent, and that no crime had been committed. Substantive criminal law differs based on the state or jurisdiction in which the alleged crime took place.

There do not exist standard elements for every crime, nor for every jurisdiction. In the state of California, for instance, for a person to be convicted of assault, the prosecution would have to prove that: Gary made contact with Jason with the intent to hurt him Jason surely did not want to be punched Gary injured Jason by punching him Another reasonable person would have been offended by Gary punching him in the face How Substantive Law and Procedural Law Work Together Substantive law and procedural law work together, in that procedural law system boosts the substantive law system by providing the guidelines that need to be followed so that substantive law can be applied to real-world disputes.

substantive and procedural law relationship

Substantive law defines the elements of a case, while procedural law focuses on the burden that is on the plaintiff to prove any wrongdoings to a jury that fit within the elements provided. Erie Doctrine The Erie Doctrine is a civil law doctrine which provides that a federal court, when trying to decide whether to apply federal or state law to a case, must follow state law with regard to substantive law issues.