Ehsan Kabir Solicitor is explaining the Substantive and Procedural Law. Ehsan Kabir’s passion and motivation has been the key ingredient which has led to the success of his Family Law firm. Mr. Kabir’s strong foundations allow him to build a niche practice that aims to provide advice and assistance to everyone with a legal enquiry.

1. Substantive and Procedural Law
Ehsan Kabir Solicitor

2. Topics Covered in this Chapter
A. Nature of Law
B. Classification of Law
C. Sources of Law
D. Legal Analysis

3. Nature of Law
 Definition of Law—a rule of civil conduct
prescribed by the supreme power in a state,
commanding what is right, and prohibiting
what is wrong” (Blackstone)
 Functions of Law — to maintain stability in the
social, political, and economic system
through dispute resolution, protection of
property, and the preservation of the state,
while simultaneously permitting ordered
change

4. Nature of Law (cont’d)
 Legal Sanctions — are means by which the
law enforces the decisions of the courts
 Law and Morals — are different but
overlapping; law provides sanctions, while
morals do not
 Law and Justice — are separate and distinct
concepts; justice is the fair, equitable, and
impartial treatment of competing interests
with due regard for the common good

5. Law and Morals
LAW
“You must drive
on the right side
of the road.”
MORALS
“You should not
silently stand by and
watch a blind man
walk off a cliff.”
BOTH
“Thou
shall not
kill.”

6. Classification of Law
 Substantive and Procedural Law
– Substantive— law creating rights and duties
– Procedural— rules for enforcing substantive law
 Public and Private Law
– Public— law dealing with the relationship between
government and individuals
– Private— law governing the relationships among individuals
and legal entities
 Civil and Criminal Law
– Civil— law dealing with rights and duties the violation of which
constitutes a wrong against an individual or other legal entity
– Criminal— law establishing duties which, if violated, constitute
a wrong against the entire community

7. Classification of Law
Substantive
Law
Public
Law
Constitutional Law
Criminal Law
Administrative Law
Private
Law
Torts
Contracts -- Sales
Commercial Paper
Agency
Partnerships
Corporations
PropertyMethods of
enforcement
(courts)
Procedural
Law
OR

8. Comparison of Civil & Criminal Law
Civil Law Criminal Law
Commencement of
action
Aggrieved individual
(plaintiff) sues
State or federal government
prosecutes
Purpose Compensation Punishment
Deterrence Deterrence
Rehabilitation
Preservation of peace
Burden of proof Preponderance of the
evidence
Beyond a reasonable doubt
Outcome Liable/Not liable Guilty/Not guilty
Monetary damages Capital punishment
Equitable remedies Imprisonment
Fines
Principal sanctions

9. Sources of Law
 Constitutional Law -- fundamental law of a
government establishing its powers and
limitations
 Judicial Law -- Common Law body of law
developed by the courts and Equity based upon
principles distinct from common law and
providing remedies not available at law
 Legislative Law -- statutes adopted by legislative
bodies includes Treaties and Executive Orders
 Administrative Law -- rules, regulations, orders,
and decisions made by administrative agencies¤

10. Hierarchy of Law
U.S. Constitution
Treaties Federal Statutes
Federal Administrative Law
Federal Common Law
State Constitution
State Statutes
State Administrative Law
State Common Law

11. Thank You