Preview

Introduction to Law

Good Essays
Open Document
Open Document
623 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Introduction to Law
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]
--
Procedural law or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court. Substantive law, which refers to the actual claims and defenses whose validity is tested through the procedures of procedural law, is different from procedural law.
---
CIVIL LAW DEFINITION
Branch of Law that treats the personal and family relations of a person, his property and successional rights, and the effects of obligation and contracts. "Civil" is derived from the Latin "civiles", a citizen. Originally, the word pertained to a member of "civitas" or a free political community (Black's Law Dictionary)
(batasnatin.com)
--
Jurisprudence is the study and theory of law. Scholars of jurisprudence, or legal theorists (including legal philosophers and social theorists of law), hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of

You May Also Find These Documents Helpful

  • Good Essays

    Civil law- the legal means by which the rights and remedies of private individuals are enforced and protected is the purpose of civil law. Crime is not an issue for civil litigation, and the responsibility of pursuing a damage remedy in civil law rests with person harmed.…

    • 488 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Summary week 2 law 421

    • 547 Words
    • 3 Pages

    There are six different types of law, which are: substantive, procedural, criminal, civil, common and statutory. In all cases certain US Constitution amendments must be applied in order to protect the rights of the business or organization.…

    • 547 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Badm 300 Exam 1 Reviewo

    • 1154 Words
    • 5 Pages

    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. Example: Miranda Right, Health Care Act…

    • 1154 Words
    • 5 Pages
    Satisfactory Essays
  • Powerful Essays

    Unit 1 Open Book Questions

    • 1049 Words
    • 5 Pages

    What are the differences between criminal and civil law? (See page 23 in your textbook.)…

    • 1049 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Canadian Law Categories

    • 4297 Words
    • 18 Pages

    6. Civil Law: act against an individual where the person in the wrong must assert individual rights for the purpose of compensation (awarding of damages).…

    • 4297 Words
    • 18 Pages
    Good Essays
  • Good Essays

    LAW 421 week 2 reflection

    • 788 Words
    • 3 Pages

    Substantive laws are laws that give people rights. These rights also create certain duties. Procedural laws outline what must be done in order to exercise substantive rights. An individual is granted the right to obtain restitution when they have suffered losses due to another’s actions. This right would be a substantive law. Procedural law provides information on how to use the legal system to file a lawsuit and how to obtain restitution once awarded by the court (Melvin, 2011).…

    • 788 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Chapter law infrocement

    • 729 Words
    • 2 Pages

    3. Explain the distinctions between substantive and procedural law. Substantive law consists of written statutory rules passed by legislature that govern how people behave. These…

    • 729 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Law 421- Role Functions

    • 738 Words
    • 3 Pages

    Since law is a broad area of our governmental system, it can be broken down to several classifications to better understand each of them. Perhaps the most important one is Criminal and Civil Law. Criminal Laws are the laws that cover criminal activities such as robbery, murder, kidnapping etc. This is usually between an individual or a group of individuals against society. Civil Law is mort focused on two private parties. The most common type of civil law would be divorces and custody battles. These laws are our underlying written…

    • 738 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Substantive Law affords a certain individual rights and it develops particular duties (Melvin, 2011). Substantive Law is something that I have some knowledge about, but I would not say that I’m an expert within this field of law. Procedural law is said to be the process that stipulates a formation and sets out regulations for accomplishing substantive rights (Melvin, 2011). Procedural law is a law that I know little or nothing about because I usually pay someone that is knowledgeable of the law to make sure that the process is adhered to.…

    • 686 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Substantive law is one part of the main categories that are within the law. When you talk about substantive law, you are referring to all the categories of public and private law, in which it includes criminal law, real property and torts. This law is found from legislative statutes. Substantive law is what gives all individuals rights, duties and power. For example, when you hear a story or case on a murder, or when someone is being charged or how they are being charged, this all deals with substantive…

    • 1030 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Law 421: The Role Of Law

    • 1025 Words
    • 5 Pages

    There are two basic kinds of law, substantive and procedural. Substantive law creates primary rights and obligations of individuals. It concerns both persons and property. Laws that define crimes and those that define rights (such as the rights of a person owning property or making a contract) are examples of…

    • 1025 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    a discussion of the law relevant to the legal issues, and application of that law to the facts…

    • 1605 Words
    • 8 Pages
    Powerful Essays
  • Satisfactory Essays

    7. A State Homicide statute is an example of a Substantive law, Criminal Law and Public Law.…

    • 621 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    The rule of law is a legal maxim that provides that no person is above the law, that no one can be punished by the state except for a breach of the law, and that no one can be convicted of breaching the law except in the manner set forth by the law itself. The rule of law stands in contrast to the idea that the leader is above the law, a feature of Roman law, Nazi law, and certain other legal systems. At least two principal conceptions of the rule of law can be identified: a formalist or "thin" and a substantive or "thick" definition of the rule of law. Formalist definitions of the rule of law do not make a judgment about the "justness" of law itself, but define specific procedural attributes that a legal framework must have in order to be in compliance with the rule of law. Substantive conceptions of the rule of law go beyond this and include certain substantive rights that are said to be based on, or derived from the rule of law.…

    • 1716 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    Jurisprudence is the grammar of law. It throws light on the basic ideas and the fundamental principles of law e.g. negligence, liability etc.…

    • 482 Words
    • 2 Pages
    Satisfactory Essays

Related Topics