BUSINESS LAW

LAW
 Law is not static

 Laws are changed to fit the requirements of the society.

 Law prevailing in a society at any point of time must be in conformity with –

-the general sentiments
-customs and
-aspirations of its people.

 It is a real phenomenon having a real existence in relation to the facts of human affairs.
 SCOPE OF BUSINESS LAW
 English Mercantile Law.

 Statute Law.

 Judicial Decisions.

 Customs and Usage.

 RULE OF LAW
 Supremacy of Law

 Equality before Law

 Predominance of Legal Spirit

 LAW & SOCIETY

Public Law
 Constitutional law
 Criminal Law
 Administrative Law
 Substantive Law

Substantive laws define the rights and responsibilities in civil law and crimes and punishments in criminal law.

 The principles in Common laws which already exist, codified statutory laws 

 Constitution 

 Judicial precedents in cases with similar facts and circumstances. 

 NATURE
 Substantive laws deal with those areas of law which establish the rights and obligations of the individuals and what individuals may
or may not do.

 These laws have independent power to decide any case.

 Substantive laws dictate the legal context of any crime such as how the case will be handled and what specific punishments to be
given for any crime.

 Statutory laws or precedents in the common law system are substantive laws. 

 Substantive laws deal with the legal relationship between individuals or the legal relationship between an individual and the State. 

 Substantive laws are the statutory laws which define and determine both the rights and obligations of the citizens to be protected by
law and the crimes or wrongs and also their remedies.

 Substantive laws determine the subject matter of litigation pertaining to the administration of justice.
 Adjective Laws
In contrast to substantive laws, procedural laws, also known as Adjective Laws, are the laws which act as the
‘machinery’ for enforcing rights and duties.

 The primary source of procedural laws is the Constitution.

 Statutes enacted by the legislature; 

 Written regulations for employees of various law enforcement agencies. These regulations cannot be considered as laws but
violating them results in taking internal actions.

 Various rules, procedural guidelines and rulings of cases laid down by the Supreme Court. 
 NATURE
 Procedural laws lay down the ways and means substantive laws can be enforced.

 They do not carry any independent powers to decide any case.

 These laws are applied in the legal procedure which sometimes may be used in non-legal contexts, such as filing any suits or
the manner any case will proceed.

 These laws are enforced by the Acts of Parliament or implemented by the government.

 Apart from prescribing ways and means of enforcing rights, procedural laws also redress for the infringement of rights, also
describe the machinery for proceedings of any suit.

 In the opinion of Holland, although procedural laws are concerned with the rights and acts of private litigants, it also describes
the organisation of Courts and the duties of judges.

• A procedural law should always follow substantive law.

 Substantive vs Procedural Law
Topic Substantive laws Procedural laws

Substantive laws deal with the legal rights and obligations of Procedural laws describe the ways and methods following
Subject matter
the individuals among themselves and towards the state. which substantive law is enforced.

Procedural laws exclusively deal with the proceedings in the

Objective These laws control and govern the rule of law as a whole.
court and the methods to start a legal case.

Context of Procedural laws are applied in both legal and non-legal

Substantive laws are applied only in legal contexts.
application contexts including proceedings of litigation.

Substantive laws are regulated by the Acts of Parliament or

Regulation Procedural laws are regulated by statutory laws only.
governmental implementations.

Substantive laws have individual capacities to decide the Procedural laws only can dictate the paths any legal
Capacity
course of any legal proceedings.  proceeding should follow.