Types of Law

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Substantive Law

01.02.2012, Comments Off, Types of Law, by .

As the photo implies, substantive law is the type of law we see enforced on the streets…often by police.  If someone robs a bank, a substantive law has been broken.  If your neighbor hires an undocumented person who is not legal to work in the United States, a substantive law has been broken. If a corporation hides important financial information from its shareholder, well there goes another substantive law broken.

Most people don’t even know there is any other type of law other than substantive law.  That’s because the other types of law, called procedural law, deal with the legal system on a higher, administrative level.  For example, the steps that must be followed in a trial case are dictated by procedural law.   What laws do member of the US Supreme Court follow in their daily operations?  Procedural law.

Now, there are other types of law that fall into a sub category under substantive law…private law and public law.  Then those types can also be divided.  Private law covers transactions between private parties…real estate transactions, business transactions…both are types of private law.  For public law, we have mainly what you see on Law & Order: murder, burglary, assault, etc.

Procedural Law

01.02.2012, Comments Off, Types of Law, by .

Types of Law: Procedural Law

In the most general sense, there are two types of law: Procedural Law and Substantive Law. However, most people are most concerned with the latter, substantive law. This is the type of law which matters to most people…the legal rules of society by which we all live, and which are enforceable. The US courts, the police, defense lawyers, and everyday citizens of the US come into contact with some form of substantive law every day. This is the working body of legal rights and duties that make up our legal world.

Procedural law is what governs the courts, the legal professionals and the enforcement institutions (e.g. the Police) which keep the substantive laws going. Most people are not concerned with the types of law at this level…unless they are working at something like the Procedural Law Institute or some government legal consulting agency or for an educational institution.

Civil procedural law in the US follows the supreme court-mandated Federal Rules of Civil Procedure. We also have the Federal Rules of Criminal Procedure. This lets lawyers know how to go about doing their job…the procedure.

For example, how does a lawyer know when he or she has to file complaints or serve documents on the opposition? Procedural law determines this. What’s the next step in your case? Your lawyer knows what to do because he or she studied procedural law in law school.