Substantive Law


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Substantive Law

 

a legal concept signifying legal norms assisting the state in exerting influence on social relations through direct immediate legal regulation.

Substantive law consolidates the forms of ownership and the legal status of property and persons, defines the order of formation and structure of state bodies, and establishes the legal status of citizens and the grounds for and limits of responsibility for violations of the law. In other words, substantive law deals with economic, property, labor, family, and other relations. The factual (material) contents of these relations form the objective basis upon which substantive law defines mutual rights and responsibilities of the participants in the relations. Substantive law is inseparably linked with procedural law. K. Marx noted that “substantive law … has its own indispensable inherent procedural forms. … One and the same spirit should inspire the procedure and the laws since the procedure is only a form of the life of the law, that is, the manifestation of its inner life” (K. Marx and F. Engels, Soch., 2nd ed., vol. 1, p. 158). Thus, substantive and procedural law can be regarded as legal categories expressing the dialectical unity of the two sides of legal regulation: the immediate juridical rules of procedure of social relations and the establishment of the procedural forms of legal defense of these relations.

References in periodicals archive ?
On these issues, the procedural law has lagged the substantive law, which has required Canadian courts to consider whether, and to what extent, the procedural law can be updated.
Her expertise spans a wide variety of areas of substantive law, including Lanham Act, RICO, ERISA, False Claims Act, antitrust, consumer protection, and contract claims, among others, and she has handled all aspects of litigation including multiple jury trials, bench trials, and international arbitration hearings on the merits, as well as appellate proceedings.
The not-so-good news was that the court said that since the claim is under the Federal Employers Liability Act, the postjudgment interest should be calculated under the federal statute as a matter of substantive law. State and federal courts have concurrent jurisdiction over FELA claims.
The circuit court also found that the Harju county court in its August 10 decision and in the course of the court hearing substantially breached the criminal procedural law and applied the substantive law incorrectly.
Therefore, when courts rely on foreign substantive law to impose punitive damages, they arguably violate the well-established principle that no court applies the penal laws of another sovereign.
"The section has expanded its committee structure over time and now offers 29 operational, substantive law, and ad hoc committees," Goetz said.
The NBA is organized around 23 substantive law sections, 9 divisions, 12 regions and 84 affiliate chapters throughout the United States and around the world.
dictates of the underlying substantive law. The Rule 23 cases are not so
The Board of Directors, the leaders of our Substantive Law Committees, and our staff have developed and approved a framework for a five-year strategic plan for the IADC called the 20/20 Vision Plan.
On those infrequent occasions when the Supreme Court of the United States has addressed limitations that the Constitution imposes on a court's power to choose the law governing resolution of issues arising in multistate litigation, the Court has never reversed a lower court's decision to apply the substantive law of another state.
theoretical basis for the application of state substantive law in a
the Erosion of Substantive Law Are Likely Here To Stay