Substantive Vs. Procedural Law
Private Law (Civil Law) (Type of substantive)
Laws that address issues that affect individuals, families, businesses, etc.: Contract law: Agreements that legally bind two or more people or organizations Tort law: Laws addressing harm inflicted on a person or property, either intentionally or unintentionally Family law: Laws addressing how to handle family matters (marriage, divorce, etc.) Property law: Laws involving real or personal property ownership, rights, and inheritance as well as the sale and purchase of real estate and real property Law of agency: Rules that govern the relationship between one party (the agent) acting on behalf of another party (the principal) Corporate law: Federal and state statutes that govern the formation and operation of corporations Partnership law: Procedures for forming, organizing, and dissolving legal business arrangements between two or more persons Trusts and wills: Legal vehicles by which ownership of property is transferred from one party to another
Public Law (Type of substantive)
Laws that address issues that affect society as a whole: Constitutional law: Laws that protect citizens' rights Administrative law: Laws that control the actions of governmental agencies Criminal law: Laws that address offenses against society International law: Laws that specify how nations should interact with one another
Procedural Law
Procedural law defines the rules by which a court hears and determines what happens in a civil lawsuit, and in criminal or administrative proceedings. This includes things such as the rules of evidence, or the types of cases that may be heard by a particular court.
These two main categories of law can be further segmented. For example:
Statutory law: Written laws created when the legislature enacts a new law Constitutional law: Laws derived from the Constitution Case law: Laws derived from court decisions
Substantive Law
Substantive law governs behavior, which means an individual's rights and responsibilities and what that person may or may not do. For instance, it defines what constitutes murder, theft, or fraud.
Procedural Law: Rules That Govern Court Proceedings in Civil, Criminal, and Administrative Suits
The Fifth and 14th Amendments to the U.S. Constitution guarantee due process of law, which means that all legal proceedings will be fair and reasonable and that the government will not arbitrarily or unfairly deprive individuals of their basic constitutional rights to life, liberty, and property. A civil procedure describes the rules and judicial practices used by the courts to conduct a civil trial as opposed to a criminal trial. In a civil proceeding, the court hears the claims of an individual or group against another individual or group. In a criminal proceeding, the court presides over a case in which the state is prosecuting an individual for violation of criminal law. The rules of civil procedure for state courts vary from state to state, whereas the federal courts adhere to the set of rules set forth in the Federal Rules of Civil Procedure.
