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Questions and Answers
What does substantive law govern?
What does substantive law govern?
- Individual rights and responsibilities (correct)
- Government regulations
- International treaties
- Court procedures
What is procedural law primarily concerned with?
What is procedural law primarily concerned with?
- Substantive offenses
- International relations
- Rights and responsibilities
- Court rules and proceedings (correct)
Procedural law includes rules of __________.
Procedural law includes rules of __________.
evidence
Which of the following is a type of substantive law?
Which of the following is a type of substantive law?
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List one category that falls under public law.
List one category that falls under public law.
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What type of law deals with relationships between individuals and organizations?
What type of law deals with relationships between individuals and organizations?
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What guarantees due process of law in the U.S. Constitution?
What guarantees due process of law in the U.S. Constitution?
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Study Notes
Substantive Law
- Governs individual behavior, outlining rights and responsibilities.
- Defines serious offenses such as murder, theft, and fraud.
Procedural Law
- Dictates the processes courts follow in civil and criminal cases.
- Includes rules of evidence and jurisdictional limits of courts.
Categories of Law
- Statutory Law: Created when legislatures enact new laws.
- Constitutional Law: Derived from the Constitution, establishing fundamental laws and rights.
- Case Law: Emerges from judicial decisions and precedents set by courts.
Public Law (Substantive)
- Addresses societal issues:
- Constitutional Law: Protects citizens' rights.
- Administrative Law: Regulates government agency actions.
- Criminal Law: Covers offenses against society.
- International Law: Governs the interactions between nations.
Private Law (Civil Law)
- Focuses on individual and organizational relationships:
- Contract Law: Legal agreements binding parties.
- Tort Law: Addresses harm to persons or property.
- Family Law: Governs family issues like marriage and divorce.
- Property Law: Pertains to ownership and transactions involving real and personal property.
- Law of Agency: Regulates relationships between agents and principals.
- Corporate Law: Governs corporation formation and operations.
- Partnership Law: Outlines processes for forming and dissolving partnerships.
- Trusts and Wills: Instruments for transferring property ownership.
Procedural Law in Court Proceedings
- Fifth and Fourteenth Amendments ensure due process, guaranteeing fair legal proceedings.
- Civil Procedure: Focuses on disputes between individuals/groups in civil trials.
- Criminal Procedure: Involves state prosecution of individuals for criminal offenses.
- Variations exist among state court procedures but federal courts follow the Federal Rules of Civil Procedure.
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