Substantive law says what you can or cannot do. A substantive law defines a legal relationship or prohibits certain conduct.
For example, a state that says, though shalt not steal. This would be a substantive law.
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Procedural law dictates how the substantive law is administered or carried out. It determines how you must do something.
For example, a state statute reads, an individual has 30 days to file a response to a civil complaint. This is a procedural law dictating how to carry out a civil action.
Related Concepts
What type of law says that you cannot intentionally take someone else's property? What type of law says that you have to file a legal action, if at all, within 2 years of learning of the tortious conduct (legal violation)?
- Under criminal law, larceny is similar to theft in many jurisdictions taking one's property without the use of force. Larceny, and other forms of property crime are placed under the category of theft in criminal law. A person will be convicted for larceny if it is proven that there was unlawful taking of someone else's property, taking was done without the consent of the owner, and that there was an intention to permanently deprive the owner of his property. Under the law of torts, there are several acts that have been put in place to govern claims against tortious conduct. One of them is the limitation period, within which a claim can be made or legal action taken in regard to a tortious act. Different states will have different limitation periods. Some states require that legal action be taken against an offender for a tort within two years of learning of the conduct. Some states extend this to even six years, after which you lose the right to take legal action against an offender.
Related Concepts
FAQs
The difference between substantive and procedural law is reasonably easy to state. Substantive law is the law that creates the right being claimed, or the law under which charges are brought. Procedural law sets out when, where and how the claims are made and the how the case is handled before the court.
What is substantive law vs procedural law simple definition? ›
A simple explanation is: substantive law is the what and procedural law is the how. In other words, substantive law defines the acts that constitute criminal behavior and what a prosecutor must prove to convict you of a crime. Procedural law sets limits and bounds around how a prosecutor may go about proving your case.
What is an example of procedural law? ›
Law that establishes the rules of the court and the methods used to ensure the rights of individuals in the court system. In particular, laws that provide how the busines of the court is to be conducted. Examples may be pleading requirements, discovery rules, or standards of review.
What is the difference between substantive and procedural law in Quizlet? ›
Substantive law defines rights and duties, while procedural law sets out the methods for enforcing substantive rights.
What is the difference between procedural and substantive environmental law? ›
Substantive environmental rights require that courts assess what the environment is or requires in order to be safe, healthy, or clean. Procedural environmental rights, by contrast, demand only that courts identify specific procedures by which certain decisions are to be made.
What is an example of substantive law? ›
For example, a claim to recover for breach of contract or negligence or fraud would be a common law substantive right. A state or federal statute giving an employee the right to sue for employment discrimination would also create a substantive right.
What is procedural law in simple words? ›
Procedural law is the body of law that establishes the rules of the court and the methods used to enforce legal rights of those within the judicial system. To be more precise, procedural law consists of laws that determine how the business of the court is to be conducted.
What are the two types of procedural law? ›
The first system, usually referred to as civil-law procedure, is often associated with Roman law. The second system, usually called common-law procedure, is often found in countries that derive their legal system from that of early modern England. Both systems have characteristic strengths and weaknesses.
What are two example of procedural? ›
Typical examples of procedural texts include recipes, science experiments, assembly manuals or instructions for playing games. The Science, Geography and PE curricula are ideal for providing children with cross curricular opportunities for developing this genre.
What is the main source of procedural law? ›
The source of procedural law includes the same sources of law you have just read about which govern substantive criminal law: the constitution, cases law or judicial opinions, statutes, and common law.
Substantive law is the set of laws that governs how members of a society are to behave. It is contrasted with procedural law, which is the set of procedures for making, administering, and enforcing substantive law.
Are pleading standards procedural or substantive? ›
Other examples of the application of procedural law in court include pleading requirements, rules of pre-trial discovery of evidence, and standards of judicial review. The federal court system also has a set of procedural laws in criminal prosecutions.
What is the difference between procedural and substantive theories? ›
Substantive theory focuses on the end result in architectural theories, while procedural theory emphasizes the process of creation using rule sets in procedural modeling, as discussed in the paper.
What is the most important difference between procedural and substantive due process? ›
Procedural due process refers to the process used to try and convict defendants accused of crimes, while substantive due process is a principle allowing courts to prevent government interference with fundamental rights.
What does the procedural law do? ›
Procedural law can be defined as laws that establish the rules of the court system, how the business of the court is conducted, and the methods and procedures that are employed to protect the rights of individuals within the justice system. Primarily, procedural law ensures that due process is maintained.
Is substantive law common law? ›
Definition: Substantive law refers to the laws that govern the original rights and obligations of individuals. These laws can come from common law, statutes, or a constitution. For example, a claim to recover for breach of contract or negligence or fraud would be a common law substantive right.
What is substantive law simple? ›
“ Substantive law refers to all categories of public and private law, including the law of contracts, real property, torts, and Criminal Law. For example, criminal law defines certain behavior as illegal and lists the elements the government must prove to convict a person of a crime.
What is substantive criminal law in simple terms? ›
Substantive criminal law is actually the substance of the crime. In other words, it is the elements that define a crime and the punishment for said crime. Each state or jurisdiction may have different elements, but there are specific elements for each possible crime.
What is the difference between substantive and procedural due process of law? ›
Substantive due process asks the question of whether the government's deprivation of a person's life, liberty or property is justified by a sufficient purpose. Procedural due process, by contrast, asks whether the government has followed the proper procedures when it takes away life, liberty or property.
What is substantive law quizlet? ›
Substantive law includes laws that define, describe, regulate and create legal rights and obligations. For example, a law prohibiting employment discrimination on the basis of age falls into the category of substaintive law.
