Substantive law là gì

Substantive Law

The part of the law that creates, defines, & regulates rights, including, for example, the law of contracts, torts, wills, và real property; the essential substance of rights under law.

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Substantive law & procedural law are the two main categories within the law. Substantive law refers to the body toàn thân of rules that determine the rights & obligations of individuals và collective bodies. Procedural law is the body of legal rules that govern the process for determining the rights of parties.

Substantive law refers lớn all categories of public và private law, including the law of contracts, real property, torts, và Criminal Law. For example, criminal law defines certain behavior as illegal & lists the elements the government must prove khổng lồ convict a person of a crime. In contrast, the rights of an accused person that are guaranteed by the Fourth, Fifth, and Sixth Amendments khổng lồ the U.S. Constitution are part of a body toàn thân of criminal procedural law.

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U.S. substantive law comes from the Comtháng Law and from legislative sầu statutes. Until the twentieth century, most substantive law was derived from principles found in judicial decisions. The common-law tradition built upon prior decisions & applied legal precedents khổng lồ cases with similar fact situations. This tradition was essentially conservative, as the substance of law in a particular area changed little over time.

Substantive sầu law has increased in volume and changed rapidly in the twentieth century as Congress and state legislatures have sầu enacted statutes that displace many common-law principles. In addition, the National Conference of Commissioners on Unisize State Laws and the American Law Institute have sầu proposed numerous model codes & laws for states to lớn adopt. For example, these two groups drafted the Uniform Commercial Code (UCC), which governs commercial transactions. The UCC has been adopted in whole or substantially by all states, replacing the common law & divergent state laws as the authoritative sầu source of substantive Commercial Law.

Cross-references

Model Acts; Unisize Acts.


substantive law

n. law which establishes principles and creates & defines rights limitations under which society is governed, as differentiated from "procedural law," which sets the rules and methods employed to lớn obtain one"s rights &, in particular, how the courts are conducted. (See: procedure)


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