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

   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:
(18c)

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

     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. [3]

 

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

References:

Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

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

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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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