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 ?
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.
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.
The Mississippi Insurance Department "has no procedural right to completion of the report," the FEMA brief says.
However, the crucial issue is whether the named plaintiff in a putative FLSA collective action has a procedural right to represent other potential plaintiffs independent of the named plaintiff's own substantive claims.
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.
That "[a]ll rights or rights-related entitlements do not need to be subject to identical or equivalent processes of implementation and enforcement," does not contradict the claim for equality in the procedural right of standing (to both investor and Impacted NSA).
Unfortunately, progressive legislative efforts in the field of criminal law appear to require an affirmative trigger--an affirmative judicial repudiation or rejection of a certain procedural right.
are special: The person who has been accorded a procedural right to
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.