Law Substantive and Procedural Law

Introduction to Law Substantive and Procedural Law

In broad terms, substantive law defines the rights and duties of persons; procedural law defines and deals with procedures for enforcing those rights and duties. Substantive law determines a wide variety of matters-for example, what is required to form a contract, what the difference is between larceny and robbery, when one is entitled to compensation for an injury, and so on. The rules of procedure and jurisdiction determine the court or administrative agency that may handle a claim or dispute; the form of the trial, hearing, or appeal; the time limits involved; and so on. Related rules also cover the kinds of evidence that may be presented. Such rules are more limiting in trial courts than in administrative agencies. The fine points of procedural law are considerable, but they are generally thought to be indispensable to whatever efficiency and fairness law may have.” (1)

Resources

Notes and References

• Information about Law Substantive and Procedural Law in the Encarta Online Encyclopedia

Guide to Law Substantive and Procedural Law