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Merits of the case are those facts upon which a litigant believes that his case is founded and that there are high chances of getting justice on the basis of the same.
For example, a situation appears when a litigants right is adversely affected due to such acts as fraud and collusion of the opposite party or when an amount due him is more than the other party claims owes him in a contract, such breach thus constituting merits of his case
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∙ 13y ago
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What is the difference between procedural and substantive defenses?
The procedural law determines how a proceeding concerning the enforcement of substantive law will occur. Substantive law defines how the facts in the case will be handled, as well as how the crime is to be charged.
Is the procedural law more important than the substantive law?
Neither procedural law or substantive law are more important than the other. All crime needs to have a known punishment (substantive) and a proper way to get to that punishment (procedural).
What is concerned with how law are applied?
Procedural due process
Is procedural law a written law?
The short answer is yes.
What are the components of a case brief?
A brief is a written summary of the case. To prepare one, you must distill the case's most important parts and restate them in your own words. The components include, heading, facts,Procedural History,Substantive Issue,Procedural Issue Judgement,Holding, Rule of law,Reasoning and Concurring/Dissenting Opinions
What law requires public schools to hold a hearing before a student is expelled is it Substantive or procedural?
procedural
What law is in the form of formal written codes?
procedural
What two types of law are included in a legal assistant's education?
Substantive Law and Procedural Law
What is a source of law A procedural manuals B madical records C mutual assent D court decisions?
Procedural manuals
What are the two basic requirements of procedural due process law?
Notice and an opportunity to be heard are the two basic requirements of procedural due process.
What principle is the lawyer relying on to question the new law?
substantive due process
What is the substantive law?
Substantive law is the statutory or written law that governs rights and obligations of those who are subject to it. Substantive law defines the legal relationship of people with other people or between them and the state. Substantive law stands in contrast to procedural law, which comprises the rules by which a court hears and determines what happens in civil or criminal proceedings. Procedural law deals with the method and means by which substantive law is made and administered. The time allowed for one party to sue another and the rules of law governing the process of the lawsuit are examples of procedural laws. Substantive law defines crimes and punishments (in the criminal law) as well as civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process. Another way of summarizing the difference between substantive and procedural is as follows: Substantive rules of law define rights and duties, while procedural rules of law provide the machinery for enforcing those rights and duties. However, the way to this clear differentiation between substantive law and, serving the substantive law, procedural law has been long, since in the Roman civil procedure the actio included both substantive and procedural elements.
