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Procedural Law |
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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 |
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There have been a number of recent legal developments that significantly affect both the scope of issues that can be subject to mandatory arbitration agreements, and the limitations such agreements can impose on the parties' substantive and procedural rights. When this sweeping procedural right to challenge governmental regulatory actions is coupled with the broad and vaguely worded investor protections in Chapter 11 of NAFTA, virtually all government regulation becomes a potential target. Without a constitutional basis for considering victims' interests, a defendant's claim of a procedural right always prevailed. |
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Procedural right
