Substantive Law

Topics: Law, Common law, Statute Pages: 1 (340 words) Published: February 23, 2012
Substantive law is law that defines rights and duties, such as crimes and punishments, civil rights and responsibilities in civil law. An example of substantive law is the law of murder: intentionally killing another person. Substantive law basically answers the question: What is the law? Procedural law is the law governing the machinery of the courts and the ways by which both the state and the individual enforce their rights in the courts. Procedural law is more like when a person can be arrested, how he/she can be sentenced, in reference to crime, or for civil, how a plaint/petition can be made, time limits for actions, who can be parties to an action etc. Criminal law consists of the statutes and body of rules that define any offence against the community as a whole. These laws manage how individuals are investigated, charged and sentenced. It also provides the punishments for individuals convicted of a crime. Examples of criminal laws are: theft, burglary, illegal drugs, assault, and bigamy. Civil law is the order of laws dealing with the private relations of community members instead of criminal, military, or religious affairs. Examples of these are not paying your bills/rent/etc., violating a contract and so on. Common law is a system that was adopted within the U.S. from England. It is based on precedent, legal principles that were established from earlier case law instead of statutory laws. Common law is the traditional law that developed in an area or region from judges when they were settling disputes or cases and these laws change over time. An example is a common law marriage. For instance, a couple lives together and after a period of 7 years the "marriage" or union is then deemed to be legal in some states. Statutory law contains laws that were adopted by a legislative body. It is generally viewed along with case law, which begins with the verdicts of the appellate courts. An example of statutory law is abolishing or creating government...
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