Substantive law determines rights and obligations, while procedural law establishes the stages and procedures for applying civil and criminal laws. Substantive law includes private and public law, while procedural law protects the rights of plaintiffs and defendants. Both are necessary for a fair and consistent legal system.
The two main branches of law are substantive law and procedural law. The procedural law establishes the stages and procedures necessary for the application of civil and criminal laws. Substantive law is the sector of the legal system which determines the obligations and rights of persons and legal entities. This branch of the legal system relates to private law and public law and included contracts, real estate, torts, and criminal justice.
Substantive laws derive from the common law as well as legislative statutes. As more statutes are created and passed, the volume of substantive law increases and changes. In the 20th century, substantive statutes were refined to replace many statutes based more on conservative common law principles. For example, in the United States, substantial new laws have provided for the Uniform Commercial Code which governs commercial transactions. This code was adopted in whole or in part by all states as the substantive law authority in commerce and smoothed the application of complex legal principles in order to facilitate more consistent laws of interstate commerce.
Some legal concepts appear to overlap with both branches of law, which can lead to confusion. The substantive law defines how a crime or tort will be charged and how the evidence and facts of the case will be presented and handled. The procedural law determines how the processes leading up to the trial and including the trial will take place. The criminal code that defines the elements of a crime and what evidence is needed to charge and support a guilty verdict is substantive in nature, and the procedural laws that determine how the rights of the plaintiff and defendant will be protected and enforced during the whole course of the case are procedural. For example, the definition of manslaughter is substantive and the right to a speedy trial for a person accused of manslaughter is procedural.
Many people consider procedural law more important than substantive law, but one would not be effective without the other. Substantive law concepts define right and wrong, but also give the expectation that doing wrong will come with a penalty. Police and courts rely on procedural law to determine how evidence is obtained, searches are conducted, arrests are made, bail is set, defendants are treated, juries are chosen, evidence is presented at trial, and the sentence will proceed. Without laws of a substantive nature, procedural law would not have much to regulate, and without those of a procedural nature, a fair and consistent application of substantive law would be nearly impossible to maintain and enforce.
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