{"id":8731,"date":"2017-11-20T05:24:46","date_gmt":"2017-11-20T05:24:46","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=8731"},"modified":"2018-01-28T04:36:55","modified_gmt":"2018-01-28T04:36:55","slug":"substantive-law","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=8731","title":{"rendered":"Substantive Law – creates, defines, and regulates the rights, duties, and powers of parties"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0This page is continued from Roman “Civil Republic” State Law<\/a> >>>> State Law consists of Two Parts<\/a>:<\/span><\/strong><\/p>\n

***********************<\/p>\n

\u00a0 \u00a0Excerpt from Edwin E. Bryant’s\u00a0The Law of Pleading Under the Codes of Civil Pro<\/em><\/a>cedure<\/em> (2d ed. 1899):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0“The body of law in a State consists of two parts,\u00a0<\/span><\/span>substantive<\/span>\u00a0<\/span><\/em>and\u00a0<\/span>adjective\u00a0<\/em><\/a>law.\u00a0 The former prescribes those rules of civil conduct which declare the rights and duties of all who are subject to the law.\u00a0 The latter relates to the remedial agencies and procedure by which rights are maintained\u00a0<\/span><\/span><\/strong>their invasion redressed, and the methods by which such results are accomplished in judicial tribunals.<\/span>“<\/strong> [1]<\/span><\/p>\n

substantive law<\/span>:<\/strong><\/span>
\n (18c)<\/span><\/p>\n

1. The part of the law that creates, defines, and regulates the rights, duties, and powers of parties.\u00a0<\/span><\/strong>[2]<\/span><\/p>\n

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.\u00a0 Hardie v Bryson<\/em> (DC Mo) 44 F Supp 67<\/span>; Mix v Board of County Comrs<\/em>. 18 Idaho 695, 112 P 215<\/span>.<\/span><\/strong>
\n\u00a0\u00a0\u00a0\u00a0 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.\u00a0 Grant v McAuliffe<\/em>, 41 Cal 2d 859, 264 P2d 944, 42 ALR2d 1162<\/span>.<\/strong> [3]<\/span><\/p>\n

1. Area of law that defines right conduct, as opposed to procedural law, which governs the process by which rights are adjudicated.<\/strong> [4]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from John Salmond’s\u00a0Jurisprudence<\/em><\/a>\u00a0(Glanville L. Williams ed., 10th):<\/span><\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cSo 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.<\/span>\u201d<\/strong> [5]<\/span><\/p>\n

officer<\/span><\/a> – holds a position of trust<\/a> or authority (an “office”) in either the government, a private organization, or in the armed services.<\/span><\/strong><\/p>\n

Additional information on substantive law coming soon.<\/span><\/strong><\/p>\n

adjective law<\/span><\/a> – the body of rules governing procedure and practice (“procedural law”).<\/span><\/strong><\/p>\n