Substantive Civil Law

Laws that deal with confpcts involving any people, organizations, or both of them and in which the victim has a right to compensation are known as substantive civil laws. In order to determine whether the plaintiff s legal rights have been violated or not, the courts use substantive civil laws.

Using the pertinent substantive civil laws, the plaintiff must demonstrate that they have experienced damages or have been injured. If the plaintiff is successful in estabpshing his or her case in court, either on their own or with the assistance of an attorney, substantive civil laws will be appped to recompense the plaintiff for any harm or injury consequently sustained.

While both parties have the right to appeal, substantive civil laws do not offer either party any constitutional protection.

Substantive Criminal Law

Criminal offenses and the penalties that should be given for them are covered by substantive criminal laws.

Once a defendant breaks a criminal law, a criminal case is launched. The fundamental goal of substantive criminal laws is to punish the guilty party, although depending on the circumstances, compensation may also be given to the victim. The court determines, using substantive criminal laws, whether or not the accused is guilty and, if so, what should be the consequences for the criminal offense.

Contrary to substantive civil laws, substantive criminal laws provide the accused with constitutional protections right away during the course of the trial. However, unpke substantive civil laws, only the defendant may appeal in this situation, as opposed to both parties.

Limitation of Substantive Law

It includes −

Sometimes, substantive law provisions prevent people from getting justice. Justice may be hampered by some substantive law provisions that are unfavorable to a particular ptigant.

Any person s power and freedom can be pmited and restricted by substantive laws.

The judiciary must uphold the state s unrestricted and unpmited abipty to enact laws that conform to its own desires.

However, if a law is unconstitutional, the judiciary in India has the power to overturn it.

Conclusion

A conclusion about substantive law can be drawn from writings in a variety of professional books. This field of law is concerned with the legal relationships between subjects (people) or between the subject and the state. A statute, known as substantive law, estabpshes the rights and duties of citizens to be protected by the law, specifies crimes or wrongs as well as their remedies, and estabpshes the facts that make up a wrong—i.e., the topic of ptigation in the context of administering justice. The terms "remedy" and "right" are defined by substantive law, which encompasses all categories of pubpc and private law as well as substantive civil and criminal law.

Frequently Asked Questions

Q1. What is an example of substantive law?

Ans: A substantive law estabpshes a legal connection or forbids particular behaviors. In other words, it specifies what you are able to do. For instance, a state that prohibits steapng such a law would be substantive. Its example is Indian Penal Code (IPC).

Q2. Why do we have substantive law?

Ans: The apppcation of substantive law is used to determine whether a crime or tort has been committed, what charges may be brought, and whether the evidence is sufficient to prove the charges.

Q3. Is criminal law substantive or procedural?

Ans: When it comes to criminal law, substantive law is that which estabpshes what behaviors are crimes and specifies the punishment for committing them, as opposed to procedural law, which outpnes or specifies the procedures by which a criminal will be punished.

Q4. Is assault a substantive law?

Ans: A substantive law is one that defines assault and its punishment.