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Identify the two branches of substantive law and provide a detailed distinction between the two.

Question:

Identify the two branches of substantive law and provide a detailed distinction between the two.

Substantive Law

Substantive law refers to the statutory law that has the main function of maintaining a good relationship between the state and the people. All the rights and duties which the people hold are defined by the substantive law.

Answer and Explanation:

The two branches of the substantive law are:

  • Substantive Civil Law:

Substantive Civil Law deals with any personal loss which is caused due to unlawful act of someone. Legal actions are taken against the person who has caused the loss. The type of actions are performed by the accused is termed a tortuous act. The petition can be filed by the individual who faces the loss. This type of law deals in cases such as property, divorce, housing, etc. Some examples of such types of law are family law, administrative law, sports law, consumer law, etc.

  • Substantive Criminal Law:

Substantive Criminal Law deals with any offense that is taken as a crime in society. A petition under this law is filed either by the police or the government. Without any petition made case cannot be taken in court. If the accused is found guilty, the punishment can be as harsh as a sentence to death. This type of law deals in cases such as robbery, murder, rape, etc.


Learn more about this topic:

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Substantive Law vs. Procedural Law: Definitions and Differences

from

Chapter 4 / Lesson 3

What is the difference between substantive and procedural law? Look at the procedural and substantive law definitions and explore illustrative examples.


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