Difference between Procedural Rules and Substantive Rules Order Instructions: ASSIGNMENT TOPIC: Introduction to Business Law
ASSIGNMENT INSTRUCTION:
Select one of the questions below. Analyze course concepts, theories, or materials correctly, using examples or supporting evidence.
Apply relevant professional, personal, or other real-world experiences to extend the dialogue.
Your paper should be no more than one page, double-spaced. References and citations are to adhere to APA formatting and style guidelines.
Select from one of the following questions:
1. What are some of the differences between the models for law systems throughout the world? What are some of the benefits of each? What are some of the disadvantages of each? (MAKE SURE ALL QUESTIONS ARE ANSWERED).
2. What is the difference between procedural rules and substantive rules? Which are more important for the average person in society to know? Why? (MAKE SURE ALL QUESTIONS ARE ANSWERED).
3. How is your country’s legal system connected to the business, and what is its impact? Is it favorable to the growth of the business, or unfavorable? Does it protect some but not others? Does the legal system foster the goal of resolving disputes promptly, equitably, and peacefully? (MAKE SURE ALL QUESTIONS ARE ANSWERED).
Difference between Procedural Rules and Substantive Rules Sample Answer
Difference between procedural rules and substantive rules
Procedural law, as the name suggests, outlines the procedure or the process that is followed for any given case in the criminal justice system. Usually, there is a procedure to be followed right from the time a person is suspected of having committed a crime up to the time of trial, conviction and sentencing. Substantive law on the other hand deals with the actual substance of the case which refers to the material facts and evidence presented before a court (Hatch, 2011). It is the substantive law that determines what manner of evidence is admissible and in what form it is to be admitted. It is also this kind of law that will determine whether certain evidence is strong enough too weak to be considered by the court.
Of the two types of law, it is necessary for the ordinary person to understand the substantive law. Often, procedural law is left to the advocates and attorneys who are the legal representatives of their clients. However, an ordinary person must understand the substantive law in order to safeguard their lights (Birkland, 2010). For example, substantive law defines what is known as perjury and this giving false information before a court of law. An ordinary person must understand the implications of perjury and hence avoid the same. Substantive law is what touches more on an ordinary person. It is these laws that affect the ordinary person who seek justice in counts. It is thereof necessary for the ordinary person to get familiar with the substantive law applicable to the jurisdiction. Traffic laws are part of substantive law (Dunham, 2011). It is of importance that everybody understands these laws so that they do not flout them.
Difference between Procedural Rules and Substantive Rules References
Birkland, T. (2010). Introduction to the policy process. New Jersey: M.E Sharpe.
Dunham, B. (2011). Introduction to law. California: Prentice Hall.
Hatch, S. (2011). Paralegal career for dummies. New York: John Wiley and Sons.