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Difference between Substantive and Procedural Law

Difference between Substantive and Procedural Law

Substantive law and procedural law are two very important aspects of the legal system. Substantive law is concerned with the substance of the law, while procedural law governs how a particular case is handled. In this blog post, we will explore the difference between substantive and procedural law, and discuss some examples of each. We will also look at how these two types of law work together to ensure that justice is served.

What is Substantive Law?

Substantive law is the body of law that defines rights and obligations. It is the part of the law that deals with the substance ofthe matter, as opposed to procedural law, which deals with the process and procedures of the law. Substantive law is what most people think of when they think of “the law.” It includes all of the rules that define our rights and duties. substantive laws are enacted by legislatures, such as Congress or state legislatures, and they are interpreted by courts. Substantive law is also called “the common law” because it is based on court decisions, rather than on statutes.

What is Procedural Law?

Procedural law is a branch of law that deals with the rules and regulations that govern the legal process. It is concerned with the fair and efficient administration of justice. Procedural law sets out the steps that must be followed in order to bring a case to court, and it also governsthe conduct of trials. In civil cases, procedural law can be used to resolve disputes without going to trial. Procedural law is an important part of the legal system, as it helps to ensure that cases are handled in a fair and orderly manner.

Difference between Substantive and Procedural Law

Substantive law is the body of law that sets out the rights and duties of people. It deals with the question of what people can do, and what they cannot do. In contrast, procedural law is the body of law that sets out the steps that must be followed in order to enforce those rights and duties. It deals with the question of how disputes should be resolved. Substantive law is sometimes also known as the “law of things”, while procedural law is sometimes also known as the “law of process”. Substantive law is generally more important than procedural law, because it is the substantive law that actually creates rights and duties, while procedural law merely provides a means of enforcing those rights and duties. However, in some cases, procedural law can be just as important as substantive law. For example, if there are no procedures for enforcing a particular right, then that right may not be worth very much.

Conclusion

Substantive law sets forth the rights and obligations of individuals, while procedural law establishes the steps by which a dispute is resolved. The distinction between substantive and procedural law is significant because it impacts how we think about the justice system. Procedural law is often seen as less important than substantive law, but it’s essential to ensuring that disputes are fairly and efficiently resolved. Understanding the difference between these two types of law can help you better understand our legal system and why certain decisions are made.

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