Substantive Law – creates, defines, and regulates the rights, duties, and powers of parties

     This page is continued from Roman “Civil Republic” State Law >>>> State Law consists of Two Parts:


   Excerpt from Edwin E. Bryant’s The Law of Pleading Under the Codes of Civil Procedure (2d ed. 1899):

     “The body of law in a State consists of two parts, substantive and adjective law.  The former prescribes those rules of civil conduct which declare the rights and duties of all who are subject to the law.  The latter relates to the remedial agencies and procedure by which rights are maintained their invasion redressed, and the methods by which such results are accomplished in judicial tribunals. [1]

substantive law:

1. The part of the law that creates, defines, and regulates the rights, duties, and powers of parties. [2]

1. That part of the law which creates, defines, and regulates rights, as distinguished from the part which prescribes the remedies and the procedure for the enforcement of rights.  Hardie v Bryson (DC Mo) 44 F Supp 67; Mix v Board of County Comrs. 18 Idaho 695, 112 P 215.
     A statute or other rule of law will be characterized as substantive or procedural according to the nature of the problem for which a characterization must be made.  Grant v McAuliffe, 41 Cal 2d 859, 264 P2d 944, 42 ALR2d 1162. [3]

1. Area of law that defines right conduct, as opposed to procedural law, which governs the process by which rights are adjudicated. [4]

     Excerpt from John Salmond’s Jurisprudence (Glanville L. Williams ed., 10th):

     “So far as the administration of justice is concerned with the application of remedies to violated rights, we may say that the substantive law defines the remedy and the right, while the law of procedure defines the modes and conditions of the application of the one to the other. [5]

officer – holds a position of trust or authority (an “office”) in either the government, a private organization, or in the armed services.

Additional information on substantive law coming soon.

adjective law – the body of rules governing procedure and practice (“procedural law”).

  • procedure – the judicial rule or manner for carrying on a civil class suit or criminal prosecution.
  • practice – the procedural methods and rules used in a court of law.


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[1]:Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure (2d ed. 1899).

[2]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[3]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[4]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

[5]: John Salmond, Jurisprudence 476 (Glanville L. Williams ed., 10th


Back to Intro to U.S. Law

Legal Precepts Adopted (from Europe) into The U.S. Constitution

§ § of Law Embedded into the Constitution Pursuant to the American Revolution

Indian Country Law

Federal Rules of Procedure

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