Procedural Law

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Procedural Law

The body of law that prescribes formal steps to be taken in enforcing legal rights.

Legal rights themselves are created and defined by Substantive Law. Different rules generally govern Civil Procedure and Criminal Procedure, or the procedure followed in trials and in appeals. Federal Rules of Civil Procedure regulate actions in federal courts. Procedural law is made up of state or federal statutes, rules promulgated by individual courts, and standards established by Constitutional Law, particularly provisions ensuring the Due Process of Law.

Procedural law is often called adjective law by legal writers.

Cross-references

Civil Procedure.

See: adjective law
References in periodicals archive ?
51) This distinction is important because while a substantive right cannot be waived by an arbitration agreement, a procedural right can be.
Conell, who invoked his procedural right for silencing Warren, invited criticism later.
Khartoum at the time said that the UN leadership in New York wanted to impose a specific agreement that has previously been rejected by the team, noting that it does not have the legal or procedural right to interfere in the work of the team during the current phase.
484) However, in a clarifying footnote, the Court held that a breach of a procedural right can lead to standing "so long as the procedures in question are designed to protect some threatened concrete interest of [the individual] that is the ultimate basis of his standing.
159) Although the prohibition on ex post facto laws seems better understood as a substantive rule because it bars the courts from using a particular substantive rule in imposing punishment, it is often characterized as a procedural right.
The right to be heard is a procedural right, but one tied to norms of respect, worth, and dignity.
For one thing, the nature of the statutory scheme is surely bound up with and inseparable from the nature of the decision and its effect on the individual; as a result, statutory provisions are of derivative importance in determining whether a particular procedural right ought to be accorded.
The Mississippi Insurance Department "has no procedural right to completion of the report," the FEMA brief says.
right, and violations of a procedural right are accorded special
is fair and just to recognize the procedural right in question, even if
Important legal theorists, such as William Blackstone, have said that this procedural right is the cornerstone in the "preservation" of personal liberties, since without protection of habeas corpus a prisoner can be incarcerated in such a way that his or her "sufferings are unknown or forgotten.