How to conduct a fair disciplinary hearing - the substantive and procedural requirements: according to the labour relations act these are the requirements as set out in our labour law. Exploring the definition of 'law', as well as describing substantive and procedural law this video also takes a short look at the comparison between common law and civil law. State procedural rules may offer greater protection to a defendant in a criminal trial than the us constitution or the law enforcement agencies are limited in their abilities well before an arrest is made the fourteenth amendment of the us constitution applies all the aforementioned substantive due process rights to state criminal. Substantive law is a statutory law that deals with the legal relationship between people and the state therefore, substantive law defines the rights and duties of the people, but procedural law lays down the rules with the help of. Substantive law , which refers to the actual claims and defenses whose validity is tested through the procedures of procedural law, is different from procedural law in context of procedural law procedural rights may also refer not exhaustively to rights to information , rights to justice , rights to participation which those rights.
Erie requires federal procedural law and state substantive law c conclusion: the federal court properly denied danco’s motion to strike pam’s request for a jury trial ii pam’s motion to remand the case to state court should have been granted scott pearce’s master essay method - civil procedure - july 2001. Business law essay differences between common law and civil law this paper is aimed analysing the differences between common law and civil law in the uk and other european countries some of the laws we will be looking at in this paper are substantive law, procedural law, criminal law, civil law, common law,. The basis of law essay sample the basic of law can be summarized in two words: human conflict people dispute and argue over money and theft and property damage law is a body of rules enacted by public officials in a legitimate manner and backed by the force of the state law is both substantive and procedural substantive law. Substance vs procedural law-- torts is a course in substantive law not a course in how to do it, but what to do civil v criminal law -- criminal law conceives of a crime as an injury against society at large first party will often be state or the people torts outline essay torts: tort and easy legal cases essay.
Where the issue derives from both substantive and procedural policies such as a statute of limitations, the outcome-determination test that is the next level of analysis of the erie doctrine is applied in such cases, state law controls where it serves substantive interests at least in part. In diversity cases in federal court, the court must apply federal procedural law but state substantive law, including state-created common lawmostly (erie and rda) analysis tracks state law vs federal statute (authority from supremacy clause)/frcp (authority from rea 2072. Substantive law, which refers to the actual claim and defense whose validity is tested through the procedures of procedural law, is different from procedural law in the context of procedural law, procedural rights may also refer not exhaustively to rights to information , access to justice , and rights to public participation , with those. California law review volume 74|issue 5 article 3 october 1986 substantive equality and equal opportunity: a jurisprudential appraisal michel rosenfeld.
Those categories include criminal law versus civil law, substantive law versus procedural law, and public law versus private law please note that these categories are broad, and they are not mutually exclusive. This is a review of five recent works which deal with international criminal law by an analysis of those works, the essay queries whether the relati international criminal law vs state sovereignty: another round, european journal of international law, dealing with almost all aspects of the icc, procedural and substantive, in addition. Essay on procedural and substantive law - introduction the current paper identifies the particular issues of substantive and procedural law in cases of use of force against states submitted for assessment are all the legal issues related to the united nations (un) and the international court of justice (icj), with reference to four specific.
Harvard law review vol xlv february, 1932 no 4 the role of substantive law and procedure in the legal process here seems to be a general assumption today that the. Essays & papers civil law vs common law common law vs - civil law vs common law introduction civil law there are nearly 200 nations in the world, each with their own distinct legal system based on one of the four major legal systems: common law, civil law, socialist law, and religious law substantive law. Best answer: substantive due process is about a specific right that is being infringed, that is protected by law procedural due process is when you are not afforded the proper procedures the law allows you to have examples of substantive due process matters would be things like the right to have an. Substantive law is a statutory law that deals with the legal relationship between people or the people and the state therefore, substantive law defines the rights and duties of the people, but procedural law lays down the rules with the help of which they are enforced (procedural law vs substantive law, 2013.
Criminal justice substantive vs procedural law substantive law includes laws that create, define and regulate legal rights and obligations whereas procedural law governs and defines rules law enforcement agencies use to enforce substantive law. An essay or paper on substantive & procedural due process 1 this brief essay discusses the 1 this essay discusses the difference between substantive and procedural due process according to murphy et al (1995), . The boundaries between procedural and substantive due process are not fixed and have frequently been the subject of litigations this is a free essay on due process clause law essay writing service reply delete add. Substantive law and procedural law are the two main categories within the law substantive law refers to the body of rules that determine the rights and obligations of individuals and collective bodies.
This article describes 9 differences between substantive law and adjective law substantive law deals with the ends which the administration of justice seeks where adjective law is concerned with the means and instruments by which those ends can be achieved abolition of imprisonment on an insolvent comes under “procedural law. Under erie, a federal court must generally apply federal procedural law and state substantive law if there is no federal law directly on point substantive vs procedural oftentimes it is difficult for courts to distinguish between which laws are substantive and which are procedural. In this part of my essay i am going to write about substantive and procedural law here, i will give a quick comparison and the differences of these two legal terms so, first let me to give a brief definition of the legal terms. The following essay covers team a interpretation of the different laws and how the laws pertain to corporations, businesses, and our current places of employment substantive law and procedural law substantive laws are laws that give people rights these rights also create certain duties.Download substantive law vs. procedural law essay`