Enforcement And/or Application

TYPE OF LAW DEFINITION EXAMPLE ENFORCEMENT AND/OR APPLICATION

PROCEDURAL LAW Provides structure and rules for the pursuit of substantive rights. The rules that govern court proceedings in criminal, civil, and administrative settings; a step by step plan of action that a case will follow. Procedural law creates the steps that the court case must follow for enforcing laws.

SUBSTANTIVE LAW Statutory law that provides individuals with rights and defines the duties of the people. Substantive law defines the crime by factors of the crime, such as type and severity; it deals with the structural facts of the case while determining the proper punishment. Determining the degree of murder is an example. An independent set of laws that determine the fate of the case and have the power to enforce the solution.

CIVIL LAW Designed to compensate individuals and entities for damages that are a result of another party's conduct. Deals with disputes where compensation is being sought by the victim. Punitive damages are awarded and determined by a judge in a civil case. Personal injury and tenant/landlord disputes are examples of civil cases where the plaintiff is seeking monetary compensation- not criminal charges- for damages. Cases are filed by private parties. Litigation involves compensation for damages as a form of reimbursement. The plaintiff carries the burden of proof to a more than 50% of favorable evidence.

CRIMINAL LAW The body of law that deals with crime, criminals, and punishment for offences. Designed to protect society from violators of criminal laws. Criminal law involves guilt, punishing, incarceration, and rehabilitation of offenders. Theft, assault, and murder are criminal crimes that are determined to be either felonies or misdemeanors. These cases are filed by the state and represented by the state prosecutor. Cases are filed by the government. Punishment for the offender is incarceration, fines, or even death. Criminal defendants have more rights and protection than that of a civil case. The burden of proof lies with the government or state. Proof of guilt must be absolute, contributing to 99% of favorable evidence.

COMMON LAW Judiciary law governing a nation, developed through the basis of preceding rulings of judges' decisions. Known as case law, it is instructive by nature and procedural in operation. Laws are precedent, meaning they are based on previous judicial