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Substantive law is the statutory, or written law, that defines rights and duties, such as crimes and punishments (in the criminal law), civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process.

Substantive law stands in contrast to procedural law, which is the "machinery" for enforcing those rights and duties. Procedural law comprises the rules by which a court hears and determines what happens in civil or criminal proceedings, as well as the method and means by which substantive law is made and administered.

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 (see procedural law). [1]

Notes and references[edit]

  1. ^ Reed, Shedd, Corley, and Morehead, The Legal and Regulatory Environment of Business.

Original courtesy of Wikipedia: http://en.wikipedia.org/wiki/Substantive_law — Please support Wikipedia.
This page uses Creative Commons Licensed content from Wikipedia. A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia.

86 news items

 
Law Technology News
Thu, 28 Aug 2014 13:03:45 -0700

Without explanation or rationale, Opinion 745 concludes that “provided that such removal does not violate the substantive law regarding destruction or spoliation of evidence, there is no ethical bar to 'taking down' such material . . . particularly in ...
 
Lexology (registration)
Fri, 15 Aug 2014 06:44:13 -0700

Insofar as they are substantive, they would not apply because the substantive law governing the action is German law (the law of the place where the injury was sustained). In any event, the Court noted, the Fatal Accidents Actdoes not lay down general ...
 
Legal News Line
Thu, 28 Aug 2014 08:56:15 -0700

The appeals court agreed with the district court “that the state having the most significant relationship to the transaction and parties” is the proper substantive law to apply. AIU argued that applicable contacts with New York outweigh those with ...
 
Virtual-Strategy Magazine (press release)
Fri, 29 Aug 2014 11:22:30 -0700

... the Ethics and Professionalism requirement); Pennsylvania Continuing Legal Education Board for 6.0 hours including 5.50 hours of substantive law, practice and procedure CLE credit and 0.50 hour of ethics, professionalism or substance abuse CLE credit.
 
Mondaq News Alerts (registration)
Mon, 11 Aug 2014 08:00:00 -0700

In the recent past the courts have taken different stance. As against the weightage being given to choice of seat in Habas Sinai, in Arsanovia the substantive law of the agreement was considered as a strong indicator to say that the parties had made an ...
 
Lexology (registration)
Thu, 21 Aug 2014 12:34:13 -0700

Some jurisdictions apply the law of the seat of the arbitration; others apply the substantive law of the contract. The English courts look to the express or implied choice of the parties, or otherwise the law with the "closest and most real connection ...
 
Huffington Post
Fri, 22 Aug 2014 08:11:15 -0700

What is frustrating is that there is still no substantive law enforcement reform or public policy to address the racial profiling and bias that has led to these tragedies to prevent future ones. We know of Trayvon Martin, a 17-year-old who was unarmed ...
 
Japan Focus
Fri, 29 Aug 2014 16:00:16 -0700

The anthology Japan's household registration system and citizenship: Koseki, identification and documentation, David Chapman and Karl Jakob Krogness, eds. (Routledge 2014) provides a first, extensive, and critical overview of Japan's koseki system.
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