Substantive Law


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Substantive Law

The part of the law that creates, defines, and regulates rights, including, for example, the law of contracts, torts, wills, and real property; the essential substance of rights under law.

Substantive law and procedural law are the two main categories within the law. Substantive law refers to the body of rules that determine the rights and obligations of individuals and collective bodies. Procedural law is the body of legal rules that govern the process for determining the rights of parties.

Substantive law refers to all categories of public and private law, including the law of contracts, real property, torts, and Criminal Law. For example, criminal law defines certain behavior as illegal and lists the elements the government must prove to convict a person of a crime. In contrast, the rights of an accused person that are guaranteed by the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution are part of a body of criminal procedural law.

U.S. substantive law comes from the Common Law and from legislative statutes. Until the twentieth century, most substantive law was derived from principles found in judicial decisions. The common-law tradition built upon prior decisions and applied legal precedents to cases with similar fact situations. This tradition was essentially conservative, as the substance of law in a particular area changed little over time.

Substantive law has increased in volume and changed rapidly in the twentieth century as Congress and state legislatures have enacted statutes that displace many common-law principles. In addition, the National Conference of Commissioners on Uniform State Laws and the American Law Institute have proposed numerous model codes and laws for states to adopt. For example, these two groups drafted the Uniform Commercial Code (UCC), which governs commercial transactions. The UCC has been adopted in whole or substantially by all states, replacing the common law and divergent state laws as the authoritative source of substantive Commercial Law.

Cross-references

Model Acts; Uniform Acts.

substantive law

n. law which establishes principles and creates and defines rights limitations under which society is governed, as differentiated from "procedural law," which sets the rules and methods employed to obtain one's rights and, in particular, how the courts are conducted. (See: procedure)

References in periodicals archive ?
Particular attention in organization of training will be paid to issues of procedural and substantive law of international arbitration and advocacy technology.
The preliminary elements of the investigation revealed that the suspect is accused of "glorifying the terrorist attacks perpetrated in Tunisia," "to have tried to join the hotbeds of tension," "to be against the civil state" and to "oppose the rules of substantive law," adds the same source.
Among the topics are conditions for the recognition of the civil status of transsexual and transgender people, legal questions concerning medical malpractice liability: substantive law and its enforcement, private international law for corporate social responsibility, the fight against poverty and the right to development in the German legal order, and confidentiality of correspondence with counsel as a requirement of a fair trial.
Civil trial law is the practice of law dealing with the litigation of civil controversies in all areas of substantive law before Florida circuit courts or other equivalent courts of the states and federal district courts.
The suo motu notice issued by NEPRA is not covered under the provisions of the NEPRA Act 1997 or any substantive law and is considered by IPPs to be an illegal and adverse tactic to renegotiate tariffs, which had already been finalised.
They pleaded that the notices issued by the Nepra were not covered under the provisions of its act or any substantive law rather illegal and adverse tactic to renegotiate tariffs which had already been finalised.
The suo moto notice issued by NEPRA is not covered under the provisions of the NEPRA Act 1997 or any substantive law and is considered by IPPs to be an illegal and adverse tactic to renegotiate tariffs which have already been finalised.
It appears that the substantive law that would apply to the claims asserted in this case is the same in both D.C.
The district court concluded that Lund's motion was untimely under each of the potential statutes of limitations and that Lund could not invoke the actual innocence exception to the statute of limitations because his claim of actual innocence was based on a case that interpreted the substantive law of his conviction: Burrage v.
His appellate practice includes numerous victories based on both procedural and substantive law.
'In order to duly inform the public, and in relation to irresponsible statements by individuals based on inaccurate assessments, we are informing the public that the Decision on the election of President Petric has been lawful and that substantive law has been applied to the full extent,' said the CEC.
The substantive law of judicial review of administrative action has grown in leaps and bounds in recent decades.