Legal Definitions - ordinandi lex

Ordinandi lex is a Latin term that refers to procedural law. It encompasses the rules and processes that govern how legal cases are conducted in courts and other legal forums. Essentially, it dictates the "how-to" of the legal system, outlining the steps, methods, and formalities that must be followed to enforce legal rights or resolve disputes.

This is distinct from substantive law, which defines rights, duties, and prohibitions (the "what" of the law). While substantive law tells us what actions are legal or illegal, or what rights individuals possess, ordinandi lex provides the framework for how those laws are applied and enforced.

• Example 1: A Criminal Trial

  Imagine a situation where an individual is accused of a crime, such as assault. The substantive law defines what constitutes assault and the potential penalties. However, the ordinandi lex dictates the entire process: how the police must conduct their investigation, the procedures for arrest and charging, the defendant's right to legal counsel, the rules for presenting evidence in court, the selection of a jury, the order of arguments, and the process for appealing a verdict. These procedural rules ensure fairness and due process throughout the criminal justice system.

• Example 2: A Civil Lawsuit for Breach of Contract

  Consider two businesses involved in a dispute over a contract where one party failed to deliver goods as agreed. The substantive law of contracts would define what constitutes a valid contract and what a breach entails. The ordinandi lex, on the other hand, would govern how the aggrieved business files a lawsuit, how the other business is formally notified (service of process), the rules for exchanging information and documents before trial (discovery), the deadlines for filing motions, and the specific steps involved in a court trial, including how witnesses testify and how judgments are enforced.

• Example 3: An Administrative Hearing for a Professional License

  Suppose a state board is considering revoking a doctor's medical license due to alleged misconduct. The substantive law would outline the professional standards and the specific grounds for license revocation. The ordinandi lex would define the procedures for this administrative hearing: how the doctor must be notified of the charges, their right to present a defense, the rules for submitting evidence, the process for cross-examining witnesses, the timeline for the board's decision, and the avenues available for the doctor to appeal the board's ruling to a higher court. These procedural rules ensure that the doctor receives a fair hearing.