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The document outlines the differences between procedural and substantive law, emphasizing that procedural law governs the formal processes of legal proceedings to ensure fairness and consistency. It details the technical aspects of procedural law, including rules for filing lawsuits and conducting trials, while also defining key legal terms such as 'court', 'evidence', and 'facts in issue'. The document highlights the importance of procedural law in protecting rights and guiding the legal system.

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ashwath 007 r
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10 views2 pages

Bsa

The document outlines the differences between procedural and substantive law, emphasizing that procedural law governs the formal processes of legal proceedings to ensure fairness and consistency. It details the technical aspects of procedural law, including rules for filing lawsuits and conducting trials, while also defining key legal terms such as 'court', 'evidence', and 'facts in issue'. The document highlights the importance of procedural law in protecting rights and guiding the legal system.

Uploaded by

ashwath 007 r
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Differences Between Procedural and Substantive Law

Procedural Law:
• Guides formal processes in legal proceedings.
• Ensures fairness and consistency in substantive law application.
• Covers rules for filing lawsuits, conducting trials, and enforcing court decisions.
• Includes laws regarding contracts, torts, property ownership, and criminal behavior.
• Includes Federal Rules of Civil Procedure and Criminal Procedure Code.
• Focuses on the 'how' of the law - methods and procedures used.
• Applied by courts to ensure correct legal processes.
• Often highly technical and detailed, outlining specific steps and requirements.
• Evolved to adapt to changing legal practices and technological advancements.
• Developed primarily through statutes, common law, and established legal principles.
• Codified in statutes and rules, providing a structured framework for legal processes.
• Affects how rights are enforced and protected.
• Guides the operation of the legal system.
• Allows for limited judicial discretion.
• Offers broader judicial discretion.
• Ensures justice is administered systematic and efficiently.
• Examples include pre-trial motions, rules of evidence, appeals processes, and deadlines for
filing legal documents.
• Protects rights such as the right to a fair trial, legal representation, and the right to appeal a
court decision.
• Applies during the legal proceedings.
• Can vary significantly between jurisdictions.
• Covers minimum wage laws, anti-discrimination laws, environmental regulations, and criminal
codes.
• Determines how disputes are handled.
• Taught in courses on civil procedure, criminal procedure, contracts, torts, property, and criminal
law.

2)

Fact in issue. Definitions and Definitions

• "Court" includes all Judges, Magistrates, and persons legally authorized to take evidence.
• "Conclusive proof" means one fact is declared as conclusive proof of another, the other is
considered proved.
• "Disproved" refers to a fact that the Court believes does not exist or considers its
non-existence probable.
• "Document" includes any matter expressed or described or recorded, including electronic and
digital records.
• "Evidence" includes all statements made by witnesses in relation to matters of fact under
inquiry.
• "Fact" includes any thing, state of things, or relation of things, capable of being perceived by
the senses.
• "Facts in issue" includes any fact from which the existence, non-existence, nature or extent of
any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows.
• "May presume" means the Court may either regard such fact as proved or call for proof of it.
• "Not proved" means a fact is neither proved nor disproved.
• "Proved" means a fact is believed to exist or considered so probable that a prudent man ought
to act upon the supposition that it exists.
• "Relevancy" means a fact is connected with another in any way referred to in the provisions of
this Adhiniyam relating to the relevancy of facts.
• "Shall presume" means the Court shall regard such fact as proved, unless and until it is
disproved.

3)

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