Introduction Substantive law and procedural law are the two main categories within the law. 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. Procedural law is the body of legal rules that govern the process for determining the rights of parties. How Procedural Law and Substantive Law Work Together The provides the means for applying substantive law to real life disputes. Until the twentieth century, most substantive law was derived from principles found in judicial decisions.
These procedures typically include how cases are filed with the court, how parties involved are notified, and how official records of court proceedings are handled. They will be more familiar with the rules and can help you invoke the protections outlined in the procedural and substantive laws of your state. In fact, individual counties or other small jurisdictions may have specific procedures that must be adhered to. While procedural law expresses how the law is implemented, substantive law explains the forbidding and mandating conducts as per law. Procedural systems are constantly torn between arguments that judges should have greater discretion in order to avoid the rigidity of the rules, and arguments that judges should have less discretion in order to avoid an outcome based more on the personal preferences of the judge than on the law or the facts.
In 2013, Welch challenged his conviction, arguing that his prior conviction for strong arm robbery was vague, and that his trial attorney was ineffective in his allowing Welch to be sentenced so harshly. Procedural law is the mechanism by which Substantive Law is administered mechanism What is the difference between Substantive and Procedural Law? The rules are designed to ensure a fair and consistent application of in the U. There do not exist standard elements for every crime, nor for every jurisdiction. Comparison chart Procedural Law versus Substantive Law comparison chart Procedural Law Substantive Law Definition Deals with and lays down the ways and means by which substantive law can be enforced Deals with those areas of law which establish the rights and obligations of individuals , what individuals may or may not do Powers No independent powers Independent powers to decide the fate of a case Application Can be applied in non legal contexts Cannot be applied in non legal contexts Regulation By statutory law By Act of Parliament or goverment implemation Differences in Structure and Content In order to understand the differences between the structure and content of substantative and procedural law, let's use an example. In addition, federal judges do not have the leeway to impose sentences more or less severe than those allowed under the federal sentencing guidelines. Non-compliance or violation of the law can lead to punishment such as imprisonment or penalty. You now have a breach of contract claim and damages action against the roofing company.
Substantive law, in general terms, is the law which is related to the substance of a matter and procedural law is the law which is related to the procedural aspect of the body of the law. An example will really help to clarify how this works. A jury is given a range of punishment to assess in your case. Substantive Law simply means a body of law relating to the substance of some matter or the core of a particular subject matter while Procedural Law refers to a body of law pertaining to a procedure. It explains the parties to understand the means and method to achieve their rights.
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. Procedural Law is defined as the body of law that prescribes the steps to be taken in enforcing legal rights or the method by which Substantive Law is administered. The common-law tradition built upon prior decisions and applied legal precedents to cases with similar fact situations. Think of Procedural Law as that body of law that details the manner in which the legal process functions or how it is practiced. Wolff, an international business attorney, introduces the law and practice of cross-border business transactions from the perspective of private business entities and their advisors, covering the general background and specific issues of non-investment and investment-related cross-border business transactions, including substantive law issues and procedural themes and skills-related aspects.
In addition, county and municipal courts may have specific procedures that must that must be followed. Substantive law requires that the prosecutor prove every element of a crime in order for someone to be convicted of that crime. Procedural law is established by each individual jurisdiction. For example, criminal law defines certain behavior as illegal and lists the elements the government must prove to convict a person of a crime. The procedural laws of some states provide for a bifurcated or two-part trial system, in which sentencing is conducted in a separate trial held after a guilty verdict has been reached.
Examples of procedural laws include the time allowed for one party to sue another and the rules governing the process of the lawsuit. In other words, certain things must be proven before someone can be taken into custody and charged with a crime. Another example involves civil law. It also defines the responsibilities and rights of the accused. Each law has independent power to decide the fate of individual cases, but it cannot be applied in non-legal contexts. 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.
Procedural law, on the other hand, is a set of rules used to govern the flow of legal cases. It was ruled to be unconstitutional because, according to the Court, it failed to give individuals enough notice of the type of illegal conduct that it was to about to punish. Substantive law and procedural law work hand in hand to move cases forward. By way of example, the court sets rules for how a judge or jury will evaluate evidence in a negligence action when examining the four elements presented by the plaintiff. This means that most legal and procedures can be found within these two components. Substantive law deals with the actual laws in a particular legal category, such as contract law, property law, corporate law, etc. This can be through various avenues such as rules that prohibit certain acts or conduct criminal law , rules that govern contract or civil wrongs contract or tort law , or even rules that govern real estate matters property law.