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Differences in Types of Law

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Weekly Reflection
Learning Team D: Stephanie Woodlee, Stephanie Folkman, Suanne Amani, Francis Valentino III, and Samantha Jones
Law 421
September 24, 2012
Karen Hutchins J.D. From a business perspective it is important to understand distinctions between procedural, substantive, criminal, civil, statutory and case laws. In this paper Learning Team D reviews the differences between the aforementioned types of laws, will provide an example of each, and will provide an example of a constitutional amendment designed to protect businesses and organizations. Each team member will also provide their thoughts on the course topics learned thus far and how those topics relate to each member’s respective business field.
Procedural and Substantive Law
Procedural law comprises the set of rules that govern the proceedings of the court in criminal lawsuits as well as civil and administrative proceedings. The court needs to conform to the standards setup by procedural law, while during the proceedings. These rules ensure fair and consistency in the “due process”. Substantive law is a statutory law that deals with the legal relationship between people or the people and the state. Therefore, substantive law defines the rights and duties of the people, but procedural law lays down the rules with the help of which they are enforced. (Diffen, 2012)
Substantive law is an independent set of laws that decide the fate of a case. It can actually decide the fate of the under-trial, whether he or she wins or loses, and even the compensation amounts etc. Procedural laws on the other hand have no independent existence. Therefore, procedural laws only tell us how the legal process is to be executed, whereas substantive laws have the power to offer legal solution. (Diffen, 2012)
An example of substantive law is how degrees of murder are defined. Depending upon the circumstances

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