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.

References in periodicals archive ?
Courts must exercise caution in updating the procedural law in order to avoid subsequent pressure to apply broadly or further reform the substantive law.
Salishcheva, he stood up for the administrative procedural law, i.e.
Sammut first takes the case study of Malta and demonstrates convincingly how the evolution of its substantive and procedural law, the development and practices of its judiciary, and the role of legal academics in the system fit the norms of mixed jurisdictions.
This is a mandatory provision found at Article 212(5) of the Procedural Law.
He told the National Iraqi News Agency / NINA / "The Council of Ministers adopted the approval of the report submitted by the Committee of Five, which approved what the whole leadership of the National Alliance agreed upon." Al-Bayati said, "This matter is subject to amendment and change when displays inside the House of Representatives," He continued, "The approval of the amendments were in the presence of representatives of the Sadrist movement, the Supreme Council and the State of law in the Committee of Five and agreed upon then raised to the Council of Ministers." The Cabinet approved in an extraordinary session held on Sunday to modify the Justice and Accountability Law and the Criminal Procedural Law in regards to confidential informant.
The mandate of these justice bodies is to recommend reconciliation before the case goes to the court in line with Article 74 of the procedural law. In case of accord, the litigants sign the reconciliation minuted before the judge and court secretary.
Storme reports that the function of procedural law should not be reduced to making effective the legal effects stated by substantive law.
(3.) In a similar way, reported to the time when the papers named below were written, other authors expressed their views: Buneci, Petre (2008), Criminal Procedural Law. Special Part, Bucharest: University Publishing House, 457-460; Paraschiv, Carmen Silvia and Mircea Damaschin (2004), Criminal Procedural Law.
(29) Of course, changes to procedural law can impose some of the same limits on counterinsurgents as changes to substantive law: subjecting operations to procedural limitations can seriously limit the discretion of counterinsurgents in prosecuting the insurgency, a limit demonstrated no more clearly than by recent debates over the appropriateness of procedures in the United States' own counterterrorism campaign.
According to procedural law, Judge Refaat will announce on Wednesday the date for a court session to read out the verdict.
Due to this sensitivity, application of the principles of subsidiarity, proportionality and necessity (ultima ratio) is all the more important when it comes to harmonising criminal legislations, which include procedural law and substantive law (infringements, sentences, rules of criminal liability).
The committee also discussed a draft law amending some articles of Decree-Law 4 for the year 2001 on preventing money laundering amended by Decree Law 54 for the year 2006 on Criminal Procedural Law by adding article (21) to include representatives of Justice and Interior Ministries.

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