Legal Definitions - adjective law

Adjective law, also known as procedural law, refers to the set of rules that govern the processes and methods used to enforce or protect legal rights and duties. While substantive law defines what those rights and duties are (for example, what constitutes a contract or a crime), adjective law dictates how the legal system operates to apply, interpret, and enforce those substantive laws. It covers everything from how a lawsuit is filed, how evidence is presented in court, to the steps involved in appealing a decision.

Here are some examples to illustrate adjective law:

• Filing a Civil Lawsuit: Imagine a situation where a person believes a construction company did not fulfill the terms of their building contract. The substantive law would define what constitutes a breach of contract and what remedies might be available. However, the adjective law would dictate the specific steps the person must take to bring a lawsuit: which court has jurisdiction, what documents need to be filed (e.g., a complaint), the deadlines for filing those documents, and how the construction company must be officially notified of the lawsuit.

  This illustrates adjective law because it focuses on the "how-to" of initiating legal action—the prescribed procedures and practices for bringing a claim before a court, rather than the underlying legal definition of a contract breach itself.

• Rules of Evidence in a Criminal Trial: In a criminal case where someone is accused of theft, the substantive law defines what actions constitute theft and the penalties for it. The adjective law, however, would govern how evidence is collected, presented, and admitted during the trial. This includes rules about hearsay (statements made out of court), how witnesses are questioned, the admissibility of forensic evidence, and the procedures for challenging evidence presented by the opposing side.

  This demonstrates adjective law by showing the rules that dictate the conduct of a trial—specifically, the methods and procedures for introducing and evaluating information to prove or disprove a factual claim, ensuring fairness and due process.

• Appealing a Court Decision: Suppose a defendant in a civil case loses at trial and believes the judge made a legal error. The substantive law would be concerned with whether the judge's interpretation of the law was correct. But the adjective law would outline the precise steps for appealing that decision: the timeframe within which an appeal must be filed, the specific court to which the appeal must be directed, the format and content required for the appellate brief (the written argument), and the procedures for oral arguments before the appellate judges.

  This exemplifies adjective law because it details the procedural framework for challenging a court's ruling, outlining the necessary steps, deadlines, and documentation required to move a case from one court to a higher one for review.