Substantive law sets entitlements while procedural law governs how they are pursued

Evidence

For example, suppose you are seriously injured by a reckless driver. The substantive law determines your right to redress—whether you can obtain damages for your hospital costs, for the pain and suffering you endured, and for the loss of income caused by your hospitalization. The procedural law determines in what court you should file your complaint, what evidence can be admitted, whether you are entitled to a jury trial, and whether you have a right to appeal should the trial court rule against you. — G. Alan Tarr, Judicial Process and Judicial…, 175

Categorization

  • DEFINE: Concrete injury scenario cleanly separating what substantive versus procedural law each determine.
  • XREF: connects to: Litigation is structured by substantive, jurisdictional, and procedural rule sets — G. Alan Tarr, Judicial Process and Judicial…, 2198; Procedural norms substitute for substantive control when outcomes are hard to specify. — Shapiro, Susan P., The Social Control of Impersonal Trust, 62; Formal legal equality masks substantive inequality between rich and poor (+3 more)

Broader Connections