2006-09-26 05:10:04 · 3 answers · asked by brockenpromise 1 in Politics & Government ➔ Law & Ethics
Substantive law is a positive law that creates or defines or regulates the rights and duties of parties and which may give rise to a cause of action as distinguished from adjective law , which pertains to the practice and procedure of the legal machinery by which substantive law is determined or made effective.
Remedial laws are laws that conduct proper investigations or findings at the correct subject or person, in order to find the facts.
2006-09-26 05:29:50 · answer #1 · answered by Big Bear 7 · 0⤊ 0⤋
What are you really asking? Remedial law is the one that establishes a remedy for a wrong, while Substantive law is the one that compels a particular sort of conduct. The distinction became increasingly relevant with the proliferation of courts of limited jurisdiction, which had no authority to delineate and design the sort of remedy that would remedy a violation of substantive law. Thus, a court may be confronted with a situation in which it holds that the substantive law has been violated but it is powerless to grant a particular remedy, or a remedy to that particular individual. The opposite, however, is unusual because when legislatures enact remedial laws, they usually do so in a conscientious effort to design remedies that are congruent to the violation of substantive law. However, there are plenty of important remedial laws in the books.
2006-09-26 06:54:44 · answer #2 · answered by El Gran Yo 1 · 1⤊ 0⤋
Substantive law refers to the rule itself.
eg. you must not litter
eg. contracts are legally binding
Remedial law refers to the remedies or punishments applicable to substantive law
eg. the fine for littering is $X
eg. if you breach a contract, the other party may sue you for damages
2006-10-04 00:00:02 · answer #3 · answered by London Aussie 3 · 0⤊ 0⤋