Search results
Feb 3, 2022 · Updated on February 03, 2022. Procedural law and substantive law are the two primary categories of law in the dual U.S. court system. When it comes to criminal justice, these two types of law play different but essential roles in protecting the rights of individuals in the United States.
Erie doctrine. The Erie doctrine is a binding principle where federal courts exercising diversity jurisdiction apply federal procedural law of the Federal Rules of Civil Procedure, but must also apply state substantive law . Pre-Erie Doctrine:
Substantive law defines rights and responsibilities in civil law, and crimes and punishments in criminal law, substantive equality or substantive due process. It may be codified in statutes or exist through precedent in common law .
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.
4 days ago · The meaning of SUBSTANTIVE LAW is law that creates or defines rights, duties, obligations, and causes of action that can be enforced by 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 includes laws that define crime, meaning laws that tell us what elements the government needs to prove in order to establish that this crime has been committed. Substantive law also includes the definitions of inchoate crimes (incomplete crimes) of conspiracies, solicitations, and attempts.
