what is substantive law and what is prodecural law?

Question

thanksss

Answer 1

Both of the above answers are correct.

Substantive law deals with the substance of what is and is not allowed. Procedural law deals with the procedures that must be followed when bringing or defending a claim or lawsuit.

Answer 2

Substantive law is the law of the land (state laws, federal laws, constitution, etc.). Procedural law is the law of the forum that is hearing a lawsuit.

An example is a breach of contract claim. Whether or not the contract is breached is determined by state law and would be substantive. The statute of limitations or the way the lawsuit should be filed is procedural and can change depending on which court the breach of contract claim is filed in (or if it is filed in arbitration, the rules of the arbitration forum would be procedural also).

Answer 3

It depends on whose definition you use, but, generally there's agreement that procedural law encompasses things like the Federal Rules of Civil and Criminal Procedure, statutes of limitations, etc., while substantive law includes torts, criminal law, environmental law and the like.

Where it gets sticky is at topics like constitutional and civil rights law, which have both procedural and substantive elements (though I'd call them substantive.)

Answer 4

Definitions of substantive law on the Web:

The body of law that creates, defines and regulates right. Compare with procedural law which prescribes the manner to enforce rights or obtaining redress for invasion of rights.
www.edgarsnyder.com/resources/terms/s.html

The law dealing with rights, duties and liabilities, as contrasted with procedural law, which governs the technical aspects of enforcing civil or criminal laws.
www.utcourts.gov/resources/glossary.htm

Statutory public law other than appropriation law, sometimes referred to as authorizing legislation. Substantive law, usually couched in broad general terms, authorizes the Executive Branch to carry out a program of work. Annual determination of the amount of the work to be done, expressed in specific dollar amounts, is usually embodied in appropriation law.
data2.itc.nps.gov/budget2/glossary.htm

That law which establishes rights and obligations, as distinguished from procedural law, which is concerned with rules for establishing their judicial enforcement. An easier way of looking at this is that "substantive law" is what you sue someone for or over, and procedural law is the "nuts and bolts" of how you would bring that suit.
members.aol.com/ronin48th/5hlsglos.htm

While procedural law sets the rules and methods for individuals to ensure their legal rights, substantive law creates, defines and establishes the scope of those rights.
www.attorneykennugent.com/library/s.html

Law which creates, defines, and regulates legal rights, as distinguished from procedural law, which prescribes the procedures under which substantive law is administered.
www5.aaos.org/oko/vb/online_pubs/professional_liability/glossary.cfm

The statutory or written law that governs rights and obligations of those who are subject to it.
en.wikipedia.org/wiki/Substantive_law

Procedural law comprises the rules by which a court hears and determines what happens in civil or criminal 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.

Lawyers distinguish procedural law from substantive law, which refers to the actual claims and defenses whose validity is tested through the procedures of procedural law.

Procedural Rights may also refer to those rights encompassing, general Civil and Political rights including (but not exhaustively)




Rights to information
Rights to Justice
Rights to Participation

In Environmental Law these procedural Rights have been reflected within the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters known as the Aarhus Convention (1998)