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You may be a little confused. Civil law can be both substantive and procedural. The substance refers to what the statute or regulation actually says. Procedure refers to the rules set out by the court or agency for handling the application of the law.
For instance, if the law says that you can't make loud noises after 10 p.m. within the city limits, the substance of the law is 1. the loud noise, 2. the time, 3. the place, and 4. the prohibition. The procedure may be to call the police, fill out a complaint form, appear in court at a certain time and place, testify in a certain manner, etc.
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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.
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 the part of the law that specifies the methods to be used in enforcing substantive law?
Procedural law: The part of the law that specifies the methods to be used in enforcing substantive law.
What law requires public schools to hold a hearing before a student is expelled is it Substantive or procedural?
procedural
When a law requires public schools to hold a hearing before a student is expelled is it a Substantive law or Procedural law?
It's substantive due process.
What two types of law are included in a legal assistant's education?
Substantive Law and Procedural Law
What is substantive vs procedural?
Substantive due process addresses a law's fairness, while procedural due process addresses how a law is implemented.
Procedural law defines behaviors as criminal and specifies punishment. true or false?
False, substantive law does.
What principle is the lawyer relying on to question the new law?
substantive due process
What other laws are there apart from substantive law?
Procedural laws. Evidentiary laws. Conflict of Law (regarding jurisdiction) rules. But these can become substantive in that they might have a definitive bearing on the outcome.
What are the kinds of due process?
The two categories of due process are substantive due process and procedural due process. Substantive due process relates to liberty interests protected by the Constitution; procedural due process ensures legal proceedings are conducted in a fair and consistent manner.For more information, see Related Questions, below.
What is the difference between procedural and substantive defenses?
Procedural defenses focus on the process of the legal case, such as lack of jurisdiction or improper service of process, and can result in the case being dismissed without addressing the merits. Substantive defenses address the actual legal arguments of the case, such as statute of limitations or lack of evidence, and seek to show that the plaintiff's claim is without merit.
