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Procedure |
Also found in: Dictionary/thesaurus, Medical, Encyclopedia, Wikipedia, Hutchinson | 0.04 sec. |
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The methods by which legal rights are enforced; the specific machinery for carrying on a lawsuit, including process, the pleadings, rules of evidence, and rules of Civil Procedure or Criminal Procedure. The form, manner, and order of steps taken in conducting a lawsuit are all regulated by procedural law, which regulates how the law will be administered. Substantive Law creates and defines rights that exist under the law. Cross-referencesprocedure n. the methods and mechanics of the legal process. These include filing complaints, answers and demurrers, serving documents on the opposition, setting hearings, depositions, motions, petitions, interrogatories, preparing orders, giving notice to the other parties, conduct of trials, and all the rules and laws governing that process. Every state has a set of procedural statutes (often called the Codes of Civil Procedure and Criminal Procedure), courts have so-called "local rules," which govern times for filing documents, conduct of the courts and other technicalities. Law practice before the federal courts operates under the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure). Procedural law is distinguished from "substantive" law, which involves the statutes and legal precedents upon which cases are tried and judgments made. |
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? References in periodicals archive |
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But critics say she can be too procedurally oriented and also lacks the political finesse of Villaraigosa, who helped ease the MTA's labor problems and also built a coalition in Sacramento that could ultimately bring the agency millions in bond money. His vision of common-law constitutionalism, procedurally at least, shares much in common with the liberals. 4) However, the transaction must be both substantively and procedurally fair. |
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