Legal Definitions - formal law

Formal law refers to the set of rules and procedures that govern how legal cases are conducted and how legal rights and duties are enforced. It dictates the process of law, rather than defining the actual rights and obligations themselves. Essentially, formal law outlines the steps, timelines, and methods that must be followed in courts and other legal proceedings. It is often used interchangeably with the term procedural law.

Here are some examples to illustrate formal law:

• Imagine a scenario where a tenant believes their landlord has violated the terms of their lease agreement. The formal law in this situation would dictate the specific steps the tenant must take to bring a claim against the landlord. This includes rules about how to properly notify the landlord of the dispute, which court has jurisdiction, what forms need to be filed, the deadlines for submitting those forms, and the procedures for presenting evidence during a hearing. These rules don't determine whether the landlord actually breached the lease, but rather provide the framework for how that question will be legally addressed and resolved.

• Consider a criminal case where an individual is accused of theft. The formal law governs the entire process from arrest to trial. This includes the procedures for obtaining a valid search warrant, the rules for conducting an interrogation, the defendant's right to an attorney and the process for appointing one, the timeline for a preliminary hearing, and the specific steps involved in jury selection and presenting evidence at trial. These procedural rules ensure that the legal process is fair and consistent, regardless of the specific facts of the alleged crime.

• When a company wants to challenge a new regulation issued by a government agency, formal law dictates the administrative process they must follow. This would include rules specifying where to file an appeal, the time limits for doing so, the types of documents that must be submitted, and the procedures for participating in an administrative hearing. These rules ensure that businesses have a structured way to voice their concerns and challenge agency decisions, even before a case might reach a traditional court.