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Simple English definitions for legal terms
Substantive law
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A quick definition of Substantive law:
Substantive law is the set of rules that determine people's original rights and responsibilities. These rules can come from common law, statutes, or a constitution. For example, if someone wants to sue for breach of contract or employment discrimination, they are using substantive law. The opposite of substantive law is procedural law, which deals with how legal cases are handled. Sometimes it's hard to tell whether a law is substantive or procedural, but it's important to figure it out because it affects which laws apply in a case.
A more thorough explanation:
Definition: Substantive law refers to the laws that govern the original rights and obligations of individuals. These laws can come from common law, statutes, or a constitution. For example, a claim to recover for breach of contract or negligence or fraud would be a common law substantive right. A state or federal statute giving an employee the right to sue for employment discrimination would also create a substantive right.
Examples:
- A person has a substantive right to sue for breach of contract if the other party fails to fulfill their obligations under the contract.
- An employee has a substantive right to sue for employment discrimination under state or federal law.
These examples illustrate how substantive law creates rights and obligations for individuals that can be enforced through legal action.
Substantive law is different from procedural law, which governs the process of enforcing substantive rights. However, the distinction between substantive and procedural law is not always clear. Federal courts have struggled with this issue, particularly in cases where the application of state or federal law is in question. To determine whether a law is substantive, courts may consider whether the law has the potential to determine the outcome of the litigation.