Substantive law - Wikipedia
The fundamental difference between procedural law and substantive law is that procedural law oversees the litigation process of the case. Substantive law and procedural law work together to ensure that in a criminal or civil case, the appropriate laws are applied and the proper. What's the difference between Procedural Law and Substantive Law? plan on how the case is supposed to proceed in order to achieve the desired goals.
Substantive law defines the elements of a case, while procedural law focuses on the burden that is on the plaintiff to prove any wrongdoings to a jury that fit within the elements provided.
Erie Doctrine The Erie Doctrine is a civil law doctrine which provides that a federal court, when trying to decide whether to apply federal or state law to a case, must follow state law with regard to substantive law issues. When the question pertains to procedural law, however, then the court must apply federal law to the matter at hand.
Here, the Court overturned the prior decision that had been made in Swift v.
Substantive Law Example Involving a History of Prior Felonies An example of substantive law can be found in a case involving a defendant with a history of prior felonies, who argued that he had been sentenced too harshly, based on discrepancies between state and federal law.
Welch was then arrested. Welch was charged with one count of being a felon in possession of a firearm, to which he pled guilty. Because Welch had three prior felonies on his record, he was to be sentenced to a minimum of 15 years in prison.
Welch appealed, arguing that one of his felonies should not have been considered. His argument was that, at the time of his conviction, Florida law allowed for individuals to be convicted of robbery at a significantly lower level of force than the related federal laws required. InWelch challenged his conviction, arguing that his prior conviction for strong arm robbery was vague, and that his trial attorney was ineffective in his allowing Welch to be sentenced so harshly.
He sought an appeal to the appellate court, which the district court denied. He then tried to appeal directly to the appellate court based on a similar case to his own that the Supreme Court was in the midst of deciding — Johnson v.
Substantive Law - Definition, Examples, Cases, Processes
United States — but the appellate court too denied his request. It was ruled to be unconstitutional because, according to the Court, it failed to give individuals enough notice of the type of illegal conduct that it was to about to punish. If so, could Welch be successful in appealing his own conviction? Here, the Court held that, unlike procedural laws that change the ways in which conduct is determined to be punishable, substantive laws affect the reach of the statute, rather than its application.
Further, procedural laws are not usually retroactive, but substantive laws are. This is an interesting example of both substantive law and procedural law. Procedural law applies to the procedures that must be adhered to determine whether an appeal has merit, and whether elements of the law can be applied retroactively. In addition, this is an example of the application of the Erie Doctrine, as Welch complained of being the victim of discrepancies between state and federal laws.
Related Legal Terms and Issues Defendant — A party against whom a lawsuit has been filed in civil court, or who has been accused of, or charged with, a crime or offense. Plaintiff — A person who brings a legal action against another person or entity, such as in a civil lawsuitor criminal proceedings.
Prosecution — The lawyer or lawyers who charge and try a case against a person who is accused of committing a crime. Proximate Cause — An event sufficiently related to an injury to be considered the cause of that injury. It consists of rules concerning jurisdiction, pleading, appealing, presenting evidence, executing judgement, cost and the like.
Definition of Substantive Law Substantive law is used to mean the written law that states the rights, duties and liabilities of the citizens and collective bodies.
It is the system of rules that regulate the behaviour of the citizens of the country. It is generally codified in statutes but can also be found in common law.
Substantive law is concerned with the substance of the case. It either helps in suing someone or defending a person from legal proceedings. It is that part of the legal system which differentiates between right and wrong conduct and personifies the idea that committing the crime will lead to penalty or punishment or both as the case may be to the wrongdoer.
Key Differences Between Procedural Law and Substantive Law The fundamental differences between procedural law and substantive law, are discussed in the points given below: By procedural law, we mean the law that prescribes the methods, procedure and machinery for the enforcement of rights and obligations.
On the other extreme, substantive law alludes to the law that deals with the subject matter of the case and states the rights and obligations of the parties concerned. While procedural law determines the manner in which the case is filed or appeal is made, the substantive law regulates the conduct of the individual or government agency. The procedural law creates the mechanism for the enforcement of the law. Unlike substantive law, which states the rights and obligations of the citizens. The procedural law applies to both legal and non-legal matters.
Conversely, the substantive law cannot be applied to non-legal matters.