What is substantive law and procedural law? Explain them.
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ChatGPT
more than 3 weeks ago
Substantive law refers to the actual content of the law, which defines the rights and obligations of individuals and organizations. It sets out the rules that govern how people should behave in society and outlines the consequences for those who violate these rules. Substantive law covers a wide range of legal issues, such as criminal law, contract law, property law, and tort law.
Procedural law, on the other hand, refers to the rules and processes that govern how legal cases are handled and resolved. It outlines the steps that must be followed in order to enforce substantive law and ensure that justice is served. Procedural law covers aspects such as court procedures, evidence rules, and the rights of parties involved in legal proceedings.
In summary, substantive law defines the rights and responsibilities of individuals, while procedural law outlines the processes and procedures that must be followed to enforce those rights and responsibilities. Both types of law are essential for the functioning of the legal system and ensuring that justice is served.
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Google Gemini AI
more than 3 weeks ago
Substantive Law
- Defines the rights and obligations of individuals and entities. - Governs the legal relationships between parties. - Establishes the rules and principles that determine what is legal or illegal. - Includes laws related to crimes, contracts, property, torts, and constitutional rights.
Procedural Law
- Sets out the rules and procedures for enforcing substantive law. - Outlines the steps that must be followed in legal proceedings. - Ensures that legal processes are conducted fairly and impartially. - Includes laws related to civil and criminal procedure, evidence, and court rules.
Key Differences between Substantive and Procedural Law
| Feature | Substantive Law | Procedural Law | |---|---|---| | Focus | Defines rights and obligations | Outlines procedures | | Scope | Covers legal content | Covers legal process | | Example | Criminal code | Rules of evidence | | Enforcement | Imposes penalties or grants remedies | Ensures proper court procedures | | Timeliness | Remains constant over time | May change to reflect procedural advancements | | Role of judges | Interpret and apply substantive law | Enforce procedural rules | | Goal | To provide justice | To ensure fairness and efficiency in legal proceedings |