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Substantive Law: Notes and References
Substantive Law: Notes and References
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Substantive law
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Substantive law is the statutory or written law that defines rights and duties, such as crimes and
punishments (in the criminal law), civil rights and responsibilities in civil law. It is codified in legislated
statutes or can be enacted through the initiative process.
Substantive law stands in contrast to procedural law, which is the "machinery" for enforcing those
rights and duties. Procedural law comprises the rules by which a court hears and determines what
happens in civil or criminal proceedings, as well as the method and means by which substantive law
is made and administered.
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However, the way to this clear differentiation between substantive law and, serving the substantive
law, procedural law has been long, since in the Roman civil procedure the actio included both
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1. ^ Reed, Shedd, Corley, and Morehead, The Legal and Regulatory Environment of Business.
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http://en.wikipedia.org/wiki/Substantive_law[12/08/2012 20:35:29]
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