What is remedial law and substantive law?
Asked by: Prof. Adell Jacobson | Last update: February 20, 2026Score: 5/5 (1 votes)
Substantive law defines your rights and duties (e.g., what constitutes a crime, contract terms), while remedial (or procedural) law provides the rules and methods for enforcing those rights and seeking justice (e.g., how to file a lawsuit, rules of evidence, appeals). Think of substantive law as the "what" (the rules of the game) and remedial law as the "how" (the process for playing the game and resolving disputes).
What is the difference between substantive and remedial law?
Substantive law, for Smith, concerns how citizens should treat one another and, as such, consists of rules, rights, and duties that help guide the behaviour of individuals. Remedial law, by contrast, concerns rules directed at courts that guide courts' behaviour vis-à-vis the individuals that come before them.
What does remedial mean in law?
1 a : intended as or providing a remedy. b : concerned with the correction, removal, or abatement of an evil, defect, or disease [ treatment of an inmate to improve behavior] [a workers' compensation claimant who received attention from a doctor] [ a statute correcting the previous law]
What is an example of a substantive law?
Law which governs the original rights and obligations of individuals. Substantive law may derive from the common law, statutes, or a constitution. For example, a claim to recover for breach of contract or negligence or fraud would be a common law substantive right.
What is another name for remedial law?
Procedural law. Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings.
Substantive Law vs. Remedial Law - ENGLISH + BISAYA!
What is the importance of remedial law?
Ac- cording to the definition of Corpus Juris Secundum,' a remedial statute "is designed to correct an existing law, redress an existing grievance, or introduce regulations conducive to the public good." American Juris- prudence,2 while agreeing with these views, extends the term to statutes which provide practical ...
What happens if you break substantive law?
A substantive violation may result in the imposition of the original sentence, including jail or prison time, and can lead to stricter probation conditions or revocation.
What are the key principles of substantive law?
Substantive law includes laws that define crime. They tell us what elements the government needs to prove in order to establish that this crime has been committed. Substantive law also includes the definitions of inchoate crimes (incomplete crimes) of conspiracies, solicitations, and attempts.
Can substantive law be challenged?
Yes, individuals can challenge substantive rules if they believe the rules were improperly adopted or are unlawful.
What are substantive examples?
Examples of Substantives. One simple example of a substantive can be found in the American national anthem. The anthem ends with the words, ''the land of the free and the home of the brave. ''
What does remedial mean in simple terms?
To begin, the meaning of remedial is to improve or "remedy" something. Remedial education definition is the concept of reteaching and reinforcing previously taught basic skills to improve student outcomes in current or future coursework. Some might also refer to remedial education as filling "learning gaps".
What are the three legal remedies?
There are three main types of legal remedies: damages, equitable remedies, and restitution. Choosing the right legal remedy depends on various factors, including the nature of the breach and the desired outcome.
What is a remedial statute?
Definition & meaning
A remedial statute is a law created to address and correct deficiencies in existing laws. These statutes aim to resolve issues that arise due to the limitations of previous legal frameworks, changes in society, or errors made by judges.
What are the 4 types of law?
The four main types of law, especially in the U.S. system, are Constitutional Law, Statutory Law, Administrative Law, and Case Law (Common Law), which derive from different governmental sources, from supreme foundational principles (Constitution) to laws passed by legislatures (Statutes), rules from agencies (Regulations), and judge-made precedents (Case Law).
Why is substantive law important?
This article aims to provide a comprehensive and detailed understanding of substantive law, its various aspects, and its significance in the legal system. Substantive law is the backbone of all legal systems, as it provides the basis for individuals and businesses to plan their affairs.
What is an example of a substantive rule?
An example of a criminal substantive law would be the statutes that set out the elements for crimes like murder, arson or theft. An example of a civil substantive law would be statutes setting out elements of wrongs such as trespass or defamation.
What are three examples of substantive law?
Substantive law refers to the set of written laws that define the rights and responsibilities of individuals and organizations. This body of law encompasses various categories, including contract law, property law, tort law, and criminal law.
What branch can overturn a law?
The Justices of the Supreme Court, nominated by the president and confirmed by the Senate, can overturn unconstitutional laws.
Who has the power to nullify a law?
Nullification and the Supreme Court. Definition: The theory that the states are the final arbiters of the limits of national authority and that each may veto the enforcement of federal laws it determines to be unconstitutional, at least within its own boundaries.
What does substantive mean in legal terms?
1 : of or relating to a matter of substance as opposed to form or procedure [a issue] [the instructions to the jury] [was dismissed on procedural and grounds] compare procedural. 2 : affecting rights, duties, or causes of actions [a statutory change] [a rule of law]
What are the 4 features of a true law?
For a rule of law system to function, the laws themselves must be public, fair, stable, and understandable.
Which best describes the term substantive law?
Substantive law is the set of laws that governs how members of a society are to behave. It is contrasted with procedural law, which is the set of procedures for making, administering, and enforcing substantive law.
What law gets broken the most?
The 5 Most Frequently Broken Laws
- Underage Drinking. According to SADD (Students Against Destructive Decisions), about 26% of the under-21 crowd uses alcohol at least once a month. ...
- Littering. ...
- Smoking Marijuana. ...
- Jaywalking. ...
- Pirating music.
Are civil cases easier to win?
Yes, civil cases are generally considered "easier" to win than criminal cases because they have a much lower burden of proof, requiring only a "preponderance of the evidence" (more likely than not, or 51%) compared to the "beyond a reasonable doubt" standard in criminal law, meaning less certainty is needed to win. However, "easier" is relative; civil cases still demand strong evidence and preparation, with success rates varying significantly by case type (e.g., car accidents are higher than medical malpractice).
What is a substantive violation?
A substantive violation occurs when a person commits a new criminal offense while on probation. This is viewed much more seriously by the court, as it may suggest that the individual has not benefited from the opportunity probation was intended to provide.