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Substantive and Procedural Law
Chapter 5
18
Law
Not Applicable
11/04/2020

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Term
CIVIL LAW
Definition
GOVERNS THE ISSUES THAT ARISE BETWEEN OVER PRIVATE RIGHTS
Term
penalties in a civil case
Definition
1. no imprisonment
2. judgment that awards money is payable to the individual whose rights were violated
Term
Compensatory Damages
Definition
sufficient to compensate the injured party for the reasonable cost of the injures.
Term
punitive damages /exemplary damages
Definition
additional monies that the defendant is ordered to pay as a form of punishment
Term
the reasoning behind punitive damages
Definition
some actions are grossly improper that the defendant should be punishable in a way that will serve as a deterrent and an example
Term
Substantive Law
Definition
Substantive Law creates defines and regulates rights
Term
Difference between Substantive Law
and Procedural Law
Definition
Procedural Law provides a method of enforcing rights
Substantive Law body and essence and substance that guides the conduct of citizens it encompasses principles of right and wrong as well as welll as the principle that wrong will result in a penalty
Term
Procedural Law
Definition
prescribes as a methos of enforcing right or obtaining redress for invasion of rights
Term
What is the basic function of civil law?
Definition
tp facilitate the movement of a lawsuit through the legal system.
Term
what was Procedural law created
Definition
ensure that all parties are afforded fair and impartial treatment,
Term
PROCEDURAL lAW PLAYS A PART IN LITIGATION AND INCLUDES WHAT
Definition
1, Time, 2, Manner in which the lawsuit is begun.3. Proper wad to inform the defendant that a lawsuit has been filed. 4. The types of information stat each part must release to the other party.
5. The procedural trial. 6. The evidence that can be introduced at trial . 7. The method for appealing the decision if the losing party feels that the decision was inappropriate.
Term
Whne can Substantive rights are affected be procedural law
Definition
When there is a conflict of law, different legal standards may apply in different states. More than one jurisdiction has contact with the dispute; there is a potential for procedural law to affect the outcome of the suit rather than Sub. Law
Term
When Substantive rights are affected py procedural law. ,
Definition
Different legal standards apply in different states or when more the one jurisdiction has contact dispute, the potential for procedural law to affect the out some of the suit rather than the sub-law
Term
Parties bring suit to federal court
Definition
Diversity of Citizenship or dispute based on a series of events and injuries
Term
What is the general rule
Definition
court should attempt to apply its own procedural law regardless of which Sub Law applies
Term
Issue of
Definition
Conflicting Procedural Law and Substantive Standards from varying jurisdictions arises when more than jurisdiction could serve as the forum for the suite
Term
Statue of Limitations
Definition
Is a procedural law in jurisdiction indicating the time within which particular a lawsuit can be commenced
Term
What is the outcome determination test
Definition
the court examines what would happen under this law. The goal would be outcome would the same in the federal court or state court
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