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It is contrasted with procedural law, which is the set of procedures for making, administering, and enforcing substantive law. [1] Substantive law defines rights and responsibilities in civil law, and crimes and punishments in criminal law, [1] substantive equality or substantive due process. It may be codified in statutes or exist through ...
Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution.
The law of most of the states is based on the common law of England; the notable exception is Louisiana, whose civil law is largely based upon French and Spanish law.The passage of time has led to state courts and legislatures expanding, overruling, or modifying the common law; as a result, the laws of any given state invariably differ from the laws of its sister states.
Private law—that is, substantive law between private sector parties, principally contracts and torts—has a civil law character, based on French and Spanish codes and ultimately Roman law, with some common law influences. [1] Louisiana is the only state whose private legal system is based on civil law, rather than the traditional American ...
Substantive democracy refers to substantive rights and substantive laws, which can include substantive equality, [2] the equality of outcome for subgroups in society. [3] [4] Liberal democracy emphasizes the separation of powers, an independent judiciary, and a system of checks and balances between branches of government.
An example of a substantive right would be a state law on fraud, which may vary widely in composition depending on the jurisdiction. If the state law is merely procedural, or relating merely to the form and mode of judicial operations, then the federal court does not have to apply the conflicting state law.
The U.S. Supreme Court interprets these clauses to guarantee a variety of protections: procedural due process (in civil and criminal proceedings); substantive due process (a guarantee of some fundamental rights); a prohibition against vague laws; incorporation of the Bill of Rights to state governments; and equal protection under the laws of ...
Courts may look for a provision in the law of the choice of law state that permits the court to use the lex fori, i.e. law of the forum state. For example, suppose State X has a rule that says that if property located in State X is conveyed by a contract entered into in any other state, then the law of that other state will govern the validity ...