ROLE AND BALANCE BETWEEN SUBSTANTIVE LAW AND PROCEDURAL LAW
Substantive law is 'law' that defines, regulates, and creates the obligations and rights of a particular party. In other words, many state and federal statutes are substantive laws that create causes of action and allow for individuals to...
LS500-01 Legal Methods and Process
Professor Holland Jones
November 4, 2012
The constitution affords citizens the right to due process. Among others this is arguably one of the most important rights to the people. Due process can be defined as having the...
protections do not apply to the states. And the differences between the two laws: procedural and substantive. As you continue on reading, you know about, which protection is considered procedural and substantive.
The protection against “ex post facto” laws means that the State cannot pass a law after a...
Team C Reflection
Team C Reflection
Team C will discuss the differences between substantive law, procedural law, criminal law, civil law, common law, and statutory law. We will provide examples of each law and try to discuss what U.S. Constitution amendments were implemented to protect the...
right to make, use, or sell an invention for a specified period (usually 17 years), granted by the federal government to the inventor if the device or process is novel, useful, and non-obvious.
(2) Copyright—The body of law relating to a property right in an original work of authorship (such as a literary...
or organization. Substantive law outlines the facts of court case and shows what rights the individual or parties have for his or hers case. Procedural law is “the steps which the case passes through” (Procedural Law vs Substantive Law, 2013, para. 3), this helps keep the process consistent throughout...
On Merriam-Webster Dictionary, Due Process is defined as a judicial requirement stating that enacted laws may not contain provisions that result in the unfair, arbitrary, or unreasonable treatment of an individual. In all its complexity due process just simply means the rights of any citizen...
CLO: 5. 1st Post Due by Day 3. [Read the following article: “Porter or Mintzberg: Whose View of Strategy Is the Most Relevant Today?”. What is the difference between deliberate strategies and emergent strategies? How might emergent strategies help with a future strategic planning process? In your opinion...
In Week one of Contemporary Business Law, Team A learned about substantive, procedural, criminal, civil, common, and statutory law. In the reading assignments for week one, we discerned the differences that separate the...
been established, it then becomes the job of the criminal justice system to ensure that the criminal is punished appropriately. “A sentence is the process by which a judge imposes punishment on a person convicted of a crime or crimes” (Wallace & Roberson, 2012, p. 301). There must be an effective purpose...
Prof. Mahmoud Masaeli
“Development can be seen, as a process of expanding the real freedoms that people enjoy.” Indian liberal Nobel-prize winner, Amartya Sen’s book “Development as Freedom” challenges the ideology of development as the increase of economic growth of...
fourteenth amendment prohibits deprivation of life, liberty or property without due process of law." The concept of "due process" has come to encompass both substantive and procedural aspects. The substantive due process doctrine is premised on the notion that certain types of lawmaking go beyond any...
14th amendments. In contemporary jurisprudence, the right of privacy is framed as a substantive due process right. Yet, most of the liberties provided to citizens in the Constitution can be framed as substantive due process rights. It is perhaps a tragedy of construction that the Court views the enumerated...
Procedural process due under 5th Amendment
Procedural process due under 5th Amendment
One of the four elements of the 5th Amendment is due process which states that a person cannot be deprived of life, liberty or property without...
Chapter 10 Auditing the Revenue Process
SEC SAB101: Revenue recognition
1. 有persuasive evidence 有证据
2. Delivery occurred, service rendered，东西给了服务于需求
3. Price is fixed/determinable 价格固定
Fraud Risk in Revenue cycle: 欺诈风险
1. Side agreement: off-book, adjust record to entice...
CRJ 301 Week 1 DQ 2 Due Process
For more course tutorials visit
What is due process and what is its significance to the United States’ criminal justice system? Your initial post should...
controller for Apollo Shoes, you are tasked to find and explain any irregularities in the Apollo Shoes Case.
Resource: Apollo Shoes Casebook
Define the process you will use and address the following questions:
• What procedures will you use to collect accounting evidence?
• What sampling tools and...
PSY/220 offers students a contemporary and relevant approach to the study of psychology and the opportunity to learn more about themselves in the process. In this course, students evaluate, understand, and build on their psychological strengths and those of others.
Faculty and students/learners...
situations with dealing with contracts and property agreements.
Procedural laws provide a structure in which guidelines are set up for pursuing substantive rights (Melvin, 2011). Procedural law is used to describe the set of rules or guidelines used in governing all aspects of a case, occurring before...
Process Improvement Plan
June 14, 2010
Process Improvement Plan
The purpose of this paper is to outline the process improvement plan to include the statistical process control identified in week one. To begin, I will explain the control limits, discuss the effect of...
examinations and the reasoning behind these procedures. Topics include an overview of fraud and abuse, forensic evidence, substantive procedures for cash outflow irregularities, substantive procedures for asset irregularities, financial statement fraud, and examination reporting.
for the arresting officer to just read the Miranda Warning to the suspect. He must also be assured that the suspect understands what his rights are. Due to the suspect not understanding his Fifth Amendment Self-Incrimination Clause rights, for example, in the case of a foreigner who didn't understand...
procedures vs. protection of individuals under the due process clause.
1. The Act does not violate the Constitution's double jeopardy prohibition
2. The Act's definition of "mental abnormality" satisfies "substantive" due process requirements.
3. The Act does not establish criminal...
II. The Adversary System
A. Law is both substantive and procedural. The adversary system seeks to protect individual rights by diffusing governmental power in several actors and insisting that the defendant is presumed innocent until proven guilty.
1. Substantive law creates legal obligations: tort, contract...
Fourteenth Amendments require that the federal government and the states observe due process when they deprive a person of life, liberty, or property. Due process has both procedural and substantive meanings. Substantive due process attacks on such regulation can be carried out in this case. References: http://americanhistory...
The phrase ‘due process’ symbolizes society's essential ideas of legal equality. The due process clauses of the Fifth and Fourteenth Amendments forbid government from taking a person's "life, liberty or property without due process of law" (United States Constitution , 2013)...
Day 1 DQ 1 | |Due Day 1
Post your response to the following questions by clicking Reply.
What are the three most useful features of the OLS classroom to you as student? Describe each OLS feature, explain how you use it, and explain its advantages.
Forums –where the instructor and students will post...
Due Process Clause:
Types and advantages of it.
Criminal Justice 201
September 21, 2014
According to Black's Law Dictionary: Due Process of Law implies the right of the person affected thereby to be present before the tribunal which...
The Magna Carta was first signed in 1215 and established that everyone was entitled to due process of law. The law stated “No freeman shall be or imprisoned or desseised or exiled or outlawed or in any way destroyed, nor will we go upon him nor send upon...
Substantive law is the statutory or written law that defines rights and duties, such as crimes and punishments (in the criminal law), civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process.
Substantive law stands in contrast...