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Substantive and Procedural Law

Procedural law governs the process of litigation and ensures due process, determining steps like jurisdiction, pleading, presenting evidence, and appeals. Substantive law establishes the rights, duties, and liabilities of citizens and organizations, regulating behavior and helping citizens sue or defend themselves. Procedural law is concerned with how legal cases progress through the court system, while substantive law establishes the rights and obligations of parties in a case.

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234 views2 pages

Substantive and Procedural Law

Procedural law governs the process of litigation and ensures due process, determining steps like jurisdiction, pleading, presenting evidence, and appeals. Substantive law establishes the rights, duties, and liabilities of citizens and organizations, regulating behavior and helping citizens sue or defend themselves. Procedural law is concerned with how legal cases progress through the court system, while substantive law establishes the rights and obligations of parties in a case.

Uploaded by

Sameer Arif
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Difference between Procedural Law and Substantive Law

Law is used to mean the rules made by the government to protect the
fundamental rights of the citizens. Non-compliance or violation of the
law can lead to punishment such as imprisonment or penalty. Laws are
classified into two groups’ procedural law and substantive law, wherein
the Procedural law administers the operation of a particular case, by
conforming to the step by step process through which the case passes.
On the contrary, the substantive law can be defined as one that
comprises of statutory rules passed by the legislature, through the
process of enactment, regulating the conduct of citizens. It talks about
the structure and facts of the lawsuit.
Definition of Procedural Law
The procedural law can be defined as the law which governs the way in
which court proceedings are undertaken. Simply put, it explains the
methods and practices that are followed in the court for a case, i.e. the
gradual phases of the lawsuit that will take place and the way in which
case is managed in the court. So, it describes the series of steps taken in
civil, criminal and administrative cases.
As procedural law determines the procedure of all lawsuits, it complies
with the due process. Due process pertains to the person’s legitimate
right to have legal proceedings if he/she is sued.
The procedural law determines the means of imposing rights and
providing remedies to wrong. It consists of rules concerning jurisdiction,
pleading, appealing, and presenting evidence, executing judgments,
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.

Comparison Chart

BASIS FOR
PROCEDURAL LAW SUBSTANTIVE LAW
COMPARISON

Meaning Procedural law is a law that Substantive Law is the


specifies the practice, law that states the rights
procedure and machinery for and obligations of the
the imposition of rights and parties concerned.
duties.

Governs How legal case flows? How people should


behave?

Concerned with Ways and means for Fixation of rights and


imposing substantive law. duties of the citizens.

Context Applicable to legal and Applicable to legal


non-legal context. context only

Defines Initiation and prosecution of Rights of parties and


civil and criminal lawsuits. punishment for
wrongdoer.

Related to Matters inside the court Matters outside the court

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