Legal Question in Constitutional Law in California

whats th diferent between civil procedure and substantive law

whats the different between civil procedure and substantive law?


Asked on 9/29/03, 9:36 pm

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: whats th diferent between civil procedure and substantive law

The rules used by courts and attorneys and parties involved in "civil litigation", is considered "civil procedure." California has a specific "Code of Civil Procedure". Substantive laws are those "laws" which govern, guide or control the manner in which persons and/or entitities conduct their day to day activities.

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Answered on 9/30/03, 11:43 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: whats th diferent between civil procedure and substantive law

Civil procedure refers to the rules which courts -- and the attorneys and parties handling civil cases in those courts -- must follow. (In many jurisdictions there are separate rules of criminal procedure which apply in criminal cases.) Substantive laws are those which govern the way people and business entities act in their day-to-day affairs.

Usually a given law will clearly be either procedural or substantive, but there are times when the distinction is far from clear. Such situations usually involve rules which simultaneously specify how a court should handle a given situation and define the rights of parties faced with that situation.

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Answered on 9/29/03, 9:56 pm


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