Scribd
Upload
657 views7 pages

Substantive & Procedural Law

Substantive law defines illegal acts like crimes and torts as well as citizen's rights and responsibilities. It determines if a crime or tort has occurred. Procedural law outlines the legal process from arrest through conviction by establishing rules for fair hearings, notice, opportunity to be heard, impartial tribunals, and orderly procedures. Substantive law deals with the substance of legal cases while procedural law governs court functioning and proceedings.

Uploaded by

Arindam Prakash
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
657 views7 pages

Substantive & Procedural Law

Substantive law defines illegal acts like crimes and torts as well as citizen's rights and responsibilities. It determines if a crime or tort has occurred. Procedural law outlines the legal process from arrest through conviction by establishing rules for fair hearings, notice, opportunity to be heard, impartial tribunals, and orderly procedures. Substantive law deals with the substance of legal cases while procedural law governs court functioning and proceedings.

Uploaded by

Arindam Prakash
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 7

Substantive & Procedural Law

Substantive Law
• Written statutory rules passed by legislature- how people behave.
• Define crime & punishment of crime.
• Rights & responsibilities as citizens.
• Deals- legal relationship- between people/ people & the State.
• First- determines- whether Crime/ Tort- committed

What charges may apply

Whether evidence support the charges


• Tort/crime- carefully evaluated- if it really exists
• Specific facts- proved- convict- crime/ tort.
Example of Substantive Law

• Person caught driving- intoxicated- few things


to be considered-
 Person driving vehicle
 Person acted in a way- gave a reason to
believe- intoxicated/ drunk.
 Person exceeded limit as per test.

Things proven- person can be taken into custody.


Procedural Law
• Process- case- through from arrest to conviction.
• Rules- fair practice & consistence in “due process”- means
reasonable procedure.
• Person affected- right of hearing- includes 4 elements-
1. Notice
2. Opportunity of being heard
3. An impartial Tribunal
4. An orderly procedure

Means legal right given to person in criminal/civil action.


Example of Procedural Law
Drunk Driving Case
• Arrest- based on probable cause (reasonable amount of suspicion)
• Prosecutor filed charges in court.
• Legal council- hired by arrestee.
• Bond- Bail bond- amt of money fixed by judge- allows
arrestee to leave jail.(Bond ensures- arrestee will attend
all court dates of Court).
• Notice to appear- court- generated & served.
• Plea/Answer to charges made/ trial begins.
• Possible options for plea include- guilty/non- guilty.
Difference between Substantive & Procedural
Law
Substantive Law Procedural Law
1. Substantive law is the set of 1. Procedural law outlines the
rules and regulations and the functioning of the court
duties that the citizens have to following a particular case.
follow. 2. Procedural law only applies to
2. Substantive law applies to both legal contexts, such as legal
legal and non-legal contexts. offence.
3. The initiation of a lawsuit is 3. The punishment and penalty
done by the substantive law. for the offence if given through
4. The functioning of the procedural law.
governing body is established 4. The court proceedings are laid
by the substantive laws. out by the procedural laws.
5. Ex- Contract law, Family Law, 5. Ex- CPC, CrPC, Evidence Act.
IPC
Conclusion
• Substantive Laws- written Laws- define
ruling/governing system of Governing Body.
• Defines- rules/ regulations-citizen has to
follow.
• Basis on which governing auth.(Court)
function.
• Deals with substance of any case.
Conclusion Continues….
• Procedural Law- functioning part of legal system
as Court proceedings- made- according to
Procedural laws.
• Defines- methods/ procedure- court follows-
giving right punishment for offence.
Substantive Law- superior- dictates actual act
of violation & dictates act as a criminal
offence. Court proceedings initiate after
substantive laws have been considered.

You might also like