To understand the differences between the structure and content of substantive and procedural law, let us take an example. When a person is accused and tried, substantive law prescribes the penalty that the defendant will face if convicted. Substantive law also defines the types of crimes and their gravity based on factors such as whether the person is a repeat offender, whether it is a hate crime, whether it is self-defence, etc. It also defines the responsibilities and rights of the accused. Search: `Rule of Procedure` in Oxford Reference » Even if you have a good case, you can lose if you don`t use and follow the procedure effectively. Missing a deadline or not submitting the right documents can be fatal for a good case. Lawyers who are familiar with procedural law can use it to their advantage. Lawyers who are not familiar with procedural law may be at a disadvantage. It is important that each lawyer learns the civil procedure that applies to his field of activity so that he can effectively defend his clients. In Germany, the unity of procedure and content in the actio finally ended with the codification of the Civil Code (BGB), which entered into force on 1 January 1900.

The term claim (§ 194 BGB) – which means “claim” – has been “exempted” from procedural elements. And it was time for the “establishment” of the terms formal/substantive law. After World War II, however, the term formal law clearly turned out to be “contaminated” and was largely replaced by procedural law, reducing the underlying idea to “procedural law” (by which e.B. the law of other procedures and the right of jurisdiction were excluded). In the context of procedural law, procedural rights may also not relate exhaustively to the right to information, access to justice and the right to counsel, the right to public participation, the right to confront prosecutors, as well as the fundamental presumption of innocence (which means that the Public Prosecutor`s Office must regularly discharge the burden of proof, although different jurisdictions have different exceptions). with these rights, which include general civil and political rights. In environmental law, these procedural rights are reflected in the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, known as the Aarhus Convention (1998). Procedures help the courts decide cases in a fair and uniform manner. Procedural law ensures that one party cannot unfairly surprise the other in a legal dispute. This means ensuring that everyone has fair notification of hearing dates.

This means preventing a party from using delay or harassment tactics. Each court relies on procedural law to conduct its business in a fair and predictable manner. Procedural and substantive law may vary from state to state and sometimes from county to county, so people accused of crimes should contact a certified criminal lawyer operating in their jurisdiction. The procedural laws of some States provide for a two-part or two-part trial system in which the conviction is carried out in a separate procedure that takes place after a guilty verdict. The trial at the sentencing stage follows the same basic procedural laws as the guilt or innocence phase, with the same jury hearing the evidence and determining the verdicts. The judge will inform the jury of the severity of the penalties that may be imposed under state law. Discovery allows both parties to a lawsuit to learn more about the case and create their evidence. The purpose of prior communication in procedural law is to reduce the problems of the case. If both parties know the evidence in the case, they are more likely to be able to find an out-of-court solution.

Prior communication allows the parties to learn about the case before the trial. In some cases, the investigative process helps the parties resolve the case without the need for a trial. Courts rely on procedural law to enforce substantive law. Lawyers apply procedural law to present their cases and defend the interests of their clients. Although all lawyers apply procedural law, it is litigants who use it the most. Clients rely on their lawyer`s procedural knowledge to effectively defend their interests and obtain justice from the courts. Procedural law governs the conduct of judicial proceedings concerning the application of substantive law. Since the primary purpose of any judicial proceedings is to determine the truth on the basis of the best available evidence, the procedural laws of evidence govern the admissibility of evidence and the presentation and testimony of witnesses. For example, when judges confirm or annul lawyers` objections, they do so in accordance with procedural laws.

Although each state has adopted its own procedural laws, usually referred to as the “Code of Criminal Procedure”, among the basic procedures followed in most jurisdictions are: In Germany, the terms formal law and substantive law were developed in the 19th century, as the Roman actio was divided into procedural and material components only during this period. The term “procedural law” as opposed to “substantive law” is a term available in different jurisdictions and languages. Similar to English expressions, the Spanish words are derecho adjetivo and derecho material or derecho sustantivo, as well as the Portuguese terms for them, direito adjetivo and direito substantivo. Other ideas gave rise to the German expressions formal law (or procedural law) and substantive law, as well as French formal law/substantive law, Italian diritto formale/diritto materiale and Swedish rätt/materiell rätt formel; All this means, literally, “formal” law and “substantive” law. The same opposition is found in the Russian legal vocabulary, with материальное право for substantive law and процессуальное право for procedure. Similar to Russian, in Bulgarian “материално право” means substantive law and процесуално право is used for the procedure. In Chinese, “procedural law” and “substantive law” are represented by these signs: “程序法” and “实体法”. Substantive law, which deals with the actual claim and defence, the validity of which is examined by procedural law procedures, is different from procedural law. Anyone who sees a courtroom during their legal career practices procedural law. In fact, procedural law affects almost all lawyers, whether or not they appear in court. Even lawyers who, for example, draft wills or advise companies need to keep an eye on procedural law so that they can represent their clients competently.

Procedural law is the set of rules that govern how courts conduct their business. All levels and types of courts use procedural law. It controls how the courts hear cases. It also dictates what a party must do to take their case to court. Substantive law is a law that deals with the legal relationship between persons or the people and the State. Therefore, substantive law defines the rights and duties of the people, but procedural law establishes the rules by which they are applied. The differences between the two need to be examined in more detail for a better understanding. Substantive law is an independent set of rules that decides the fate of a case.

He can actually decide the fate of the negotiator, whether he wins or loses, and even the amounts of compensation, etc. Procedural laws, on the other hand, do not have an independent existence. Therefore, procedural laws only tell us how to conduct the legal process, while substantive laws have the power to offer a legal solution. Examples of procedural laws include the time given to one party to sue another and the rules that govern the process of initiating the lawsuit. .