Difference between substantial and procedural laws
Procedural laws
Procedural law provides the process that a case will go through (whether it goes to trial or not). The procedural law determines how a proceeding concerning the enforcement of substantive law will occur. Substantive law defines how the facts in the case will be handled, as well as how the crime is to be charged. In essence, it deals with the substance of the matter. Even though both are affected by Supreme Court opinions and subject to constitutional interpretations, each serves a different function in the criminal Justice system.
How much detail is required for each phase of the criminal procedures will vary depending on the nature of your charges and what agency is prosecuting you. For example, Texas has a bi-furcated trial system where first you must be found guilty, and then the jury can hear punishment evidence. A jury is given a range of punishment to assess in your case. The range of punishment for a first degree felony is not less than five years and up to ninety-nine years or life. This is in stark contrast to the federal procedural law. Federal judges assess punishment and are required to utilize federal sentencing guidelines instead of a wide range system. A federal defendant’s criminal history will be researched and summarized in a report by a federal probation officer. It’s much easier to predict what your sentence will be in the federal system because the punishment procedures are based on a point system.
Substantive Law and It’s Elements
Substantive law, on the other hand, deals with the “substance” of your charges. Every charge is comprised of elements. Elements are the specific acts needed to complete a crime. Substantive law requires that the prosecutor prove every element of a crime in order for someone to be convicted of that crime. What elements are required will depend on the crime with which you are charged and the state’s substantive laws. For example, for a felony driving while intoxicated charge, most states require prosecutors to prove that:
- You were driving or operating a motor vehicle;
- On a public roadway;
- While you were intoxicated;
- And that you have prior convictions for driving while intoxicated.
Order vs decree
Law implies a body of rules which are recognized by a country to govern the action and behavior of the citizens. It can be grouped as substantive law – that ascertains the rights of the parties and procedural/Adjective law – that determines the practice, procedure and machinery to implement the rights and duties. On the grounds of decree or order, a judgment is passed by the court. An order is nothing but a judgment while a decree is a final part of judgement.
The primary difference between decree and order is that the decree is given in a suit, which determines the substantive legal rights of the parties concerned, the order is given in the course of proceedings, and determines the procedural legal rights of the parties concerned.
Decree
As per section 2(2) of Code of Civil Procedure 1908, a decree is a legal pronouncement of an adjudication by the court, that ascertains the rights of the plaintiff and defendant, about all or any matters of the suit. It is derived from the judgment, i.e. a decree comes into being as and when the judgment is expressed and not on the date when it is duly signed and authorized.
A decree can be a preliminary or a final one, subject to the further proceedings required before the disposal of the suit. If in case any of the matters of the suit is resolved, then it is a preliminary decree, while when all the matters of the suit are resolved, it is termed as the final decree. A preliminary decree is not based on the final, but the final decree is based on the preliminary decree.
Order
The order can be defined as the legal declaration of the decision, by the judge or the panel of judges in the court, which does not include a decree, ascertaining the legal relationships between the plaintiff and defendant, of the court proceedings, trial or appeal.
In finer terms, an order is the direction given by the judge or court to a party to the suit, to perform a specific act or refrain him/her from doing certain acts or direct the public official to take certain actions, is known as an order.
An order is concerned with procedural aspects such as impleadment, Adjournment, amendment or striking out of parties of the contesting parties.
The Civil Procedure Code, 1908 defines both decree and order which are given by the Civil Court, and formally express a decision, in matters of controversy between the opposing parties. While a decree finally decides the rights of the plaint and defendant, order may or may not clearly determine the rights.,
Substantive law and procedural law are two important branches of law. Substantive law defines the rights and obligations of parties, while procedural law sets forth the rules and procedures for enforcing those rights.
Substantive law is typically more complex than procedural law. This is because substantive law must address a wide range of issues, such as the rights of individuals, the obligations of businesses, and the relationship between government and its citizens. Procedural law, on the other hand, is typically more focused on the specific steps that must be taken in order to bring a lawsuit, conduct a trial, and appeal a judgment.
Substantive law is often more controversial than procedural law. This is because substantive law often deals with issues that are important to people’s lives, such as the Right to Privacy, the right to free speech, and the Right to Property. Procedural law, on the other hand, is typically less controversial, as it is primarily concerned with the fair and efficient administration of justice.
Substantive law is typically more difficult to change than procedural law. This is because substantive law often reflects the values and beliefs of a Society. Changes to substantive law can therefore be met with resistance from those who believe that the law is working well or that the proposed changes are not in the best interests of society. Procedural law, on the other hand, is typically less controversial, as it is primarily concerned with the fair and efficient administration of justice. Changes to procedural law are therefore more likely to be accepted by the public.
Examples of substantive law include laws governing contracts, torts, property, and criminal law. Examples of procedural law include laws governing civil procedure, criminal procedure, and evidence.
Contract law is the body of law that governs the formation, performance, and enforcement of agreements between parties. Tort law is the body of law that governs civil wrongs, or injuries, that are not caused by breach of contract. Property law is the body of law that governs the ownership, possession, and use of property. Criminal law is the body of law that defines and punishes crimes.
Civil procedure is the body of law that governs the procedures that must be followed in civil lawsuits. Criminal procedure is the body of law that governs the procedures that must be followed in criminal cases. Evidence law is the body of law that governs the admissibility of evidence in court.
Substantive law and procedural law are both important parts of the legal system. Substantive law defines the rights and obligations of parties, while procedural law sets forth the rules and procedures for enforcing those rights. Substantive law is typically more complex than procedural law, and it is often more controversial. Procedural law is typically less complex than substantive law, and it is less controversial. Substantive law is typically more difficult to change than procedural law.
Substantive law defines the rights and obligations of individuals and businesses. It includes laws governing contracts, property, torts, and criminal behavior. Procedural law establishes the rules and procedures that must be followed in order to enforce substantive law. It includes rules of evidence, rules of civil procedure, and rules of criminal procedure.
Frequently asked questions about substantive law
- What is substantive law?
Substantive law is the body of law that defines the rights and obligations of individuals and businesses. It includes laws governing contracts, property, torts, and criminal behavior. - What are some examples of substantive law?
Some examples of substantive law include the law of contracts, the law of property, the law of torts, and the law of criminal behavior. - What is the purpose of substantive law?
The purpose of substantive law is to protect the rights of individuals and businesses and to ensure that individuals and businesses behave in a fair and responsible manner.
Frequently asked questions about procedural law
- What is procedural law?
Procedural law is the body of law that establishes the rules and procedures that must be followed in order to enforce substantive law. It includes rules of evidence, rules of civil procedure, and rules of criminal procedure. - What are some examples of procedural law?
Some examples of procedural law include the rules of evidence, the rules of civil procedure, and the rules of criminal procedure. - What is the purpose of procedural law?
The purpose of procedural law is to ensure that the rights of individuals and businesses are protected during the legal process.
Differences between substantive law and procedural law
Substantive law defines the rights and obligations of individuals and businesses, while procedural law establishes the rules and procedures that must be followed in order to enforce substantive law. Substantive law is concerned with the substance of the law, while procedural law is concerned with the process of the law.
Examples of substantive law and procedural law
Some examples of substantive law include the law of contracts, the law of property, the law of torts, and the law of criminal behavior. Some examples of procedural law include the rules of evidence, the rules of civil procedure, and the rules of criminal procedure.
The importance of substantive law and procedural law
Substantive law and procedural law are both important because they protect the rights of individuals and businesses. Substantive law protects the rights of individuals and businesses by defining their rights and obligations. Procedural law protects the rights of individuals and businesses by ensuring that they are treated fairly during the legal process.
Question 1
Which of the following is a type of law that defines the rights and obligations of individuals and businesses?
(A) Substantive law
(B) Procedural law
(C) Criminal law
(D) Civil Law
Answer: (A)
Explanation: Substantive law defines the rights and obligations of individuals and businesses. It includes laws related to contracts, torts, property, and family law.
Question 2
Which of the following is a type of law that sets forth the procedures that must be followed in court?
(A) Substantive law
(B) Procedural law
(C) Criminal law
(D) Civil law
Answer: (B)
Explanation: Procedural law sets forth the procedures that must be followed in court. It includes laws related to discovery, pleadings, and trial.
Question 3
Which of the following is an example of a substantive law?
(A) The law of contracts
(B) The law of torts
(C) The law of property
(D) All of the above
Answer: (D)
Explanation: All of the laws listed are examples of substantive law.
Question 4
Which of the following is an example of a procedural law?
(A) The law of discovery
(B) The law of pleadings
(C) The law of trial
(D) All of the above
Answer: (D)
Explanation: All of the laws listed are examples of procedural law.
Question 5
Which of the following is a difference between substantive and procedural law?
(A) Substantive law defines the rights and obligations of individuals and businesses, while procedural law sets forth the procedures that must be followed in court.
(B) Substantive law is more important than procedural law.
(C) Procedural law is more difficult to understand than substantive law.
(D) Substantive law is more likely to change than procedural law.
Answer: (A)
Explanation: Substantive law defines the rights and obligations of individuals and businesses, while procedural law sets forth the procedures that must be followed in court.
Question 6
Which of the following is a similarity between substantive and procedural law?
(A) Both types of law are important.
(B) Both types of law are enforced by the government.
(C) Both types of law can be complex.
(D) Both types of law can be difficult to understand.
Answer: (A)
Explanation: Both substantive and procedural law are important. Substantive law defines the rights and obligations of individuals and businesses, while procedural law sets forth the procedures that must be followed in court. Both types of law are enforced by the government. Both types of law can be complex. Both types of law can be difficult to understand.