...Question One: Explain the difference between substantive and procedural law. Substantive law is the statutory or written law that defines rights and duties of people as they act in society and it deals with the legal relationship between people. Substantive law is an independent set of laws that decide the fate of the case and cannot be applicable in non-legal contexts. So substantive law underlines the essential substance of a trial. Procedural law provides the machinery to enforce the substantive laws on the government bodies. It comprises the rules by which a court hears and determines what happens in civil or criminal proceedings. It deals with the method by which substantive law is made and administered. Procedural law has no independence and can be applicable in non-legal contexts. It only tells how the legal process to be executed by giving a step-by-step action. Question Two: During the discovery phase, the parties resort to the use of interrogatories, depositions, admission requests and document production requests. Briefly define these different discovery tools and explain the purpose for each. Explain the purpose of discovery as you understand it. Interrogatories are a formal set of written questions directed by one litigant and required to be answered by the other party and are used for the purpose of clarifying and narrowing the issues or the facts and help to determine in advance what facts will be presented at trial in the case. Deposition is the oral...
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...leave petitions brought up by the Revenue the short but interesting question that arises is whether Rule 1BB of the Wealth Tax Rules, 1957 is a provision which affects and alters the substantive rights or is merely procedural. The further sequential and cognate question is whether the Rule is attracted to all proceedings pending at its enactment. The said Rule 1BB concerns the mode of valuation of house-property wholly or mainly used for residential purposes, for the purposes of ascertaining the net wealth under the Wealth Tax Act. 1957. 2. Section 3 of the Wealth Tax Act is the charging section. It seeks to bring to charge for every assessment year the net wealth on the corresponding valuation date of every individual, Hindu undivided family and company. The expression "net wealth" is defined in Section 2(m) of the Act. Section 2(q) defines the "valuation date". Section 4 enumerates the assets to be included in computing 'net-wealth'. Sections 5 and 6 exempts certain assets in India and outside from being included in computing the net wealth. 3. Section 7 - and this provision is of particular relevance here -speaks as to how the value of the assets has to be determined. Section 7(1), as it stood during the relevant period, i.e., prior to 1.4.1989 when it stood substituted by the Direct Tax Laws (Amendment) Act, 1989 with effect from 1.4.1989 provided: 7(1) : Subject to any Rules made in this behalf the value of any asset other than case, for the purposes of this Act, shall be...
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...Victims’ Rights and Vengeance My personal stance on the current state of victims’ right in America is that even though rules have been changed in different states to protect the victims’ right there are still some things that need to be improved to help their safety. More should be done to help improve the safety of victims’ and their families from harm. There are so many victims that are unable to voice their words on things they see because they are afraid of something happening to them or their family. I do believe that the 2004 Crime Victims’ Right Acts has been successful because if it was not for Victims’ Right Acts, the victim and family would suffer greatly and victimizing will continue. The right to be reasonably protected from the accused, the right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused has helped victims since 2004 (Justice,2013). In my opinion it is not good to try to get revenge on someone because it can come back and hunt you or hurt you. When someone tries to get revenge back, that person is just as bad as the person who did harm first. Now, when it comes to children being harm by someone it is very hard not to react against the suspect with revenge because you want to see that person pay. Depending on your actions can cause the suspect to get acquitted or cause harm to the family. I do agree with the actions of Survivors Network of those...
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... Law is defined as rules of conduct of any structured civilization, however undemanding or minute, that are imposed by warning of penalty if they are violated. Current law has a broad clarity and regulates lots of branches of behavior." basically law is the rules and regulations that aid in governing conduct, handling disputes, and dealing with criminal actions. The is an answer to many problems in business and society today serving many roles most of them being ethical issues. Law can be categorized into three major categories in relation to business and society which are criminal and civil law, substantive and procedural law and public and private law. Criminal law is the rule through which public obligation of crime are prosecuted by government agencies, while social law is the law through which private parties may bring lawsuits beside one another for real or imagined wrongdoing. E.g. criminal law would deal with the trial of a crime such as one person hitting another with their car, and civil law would deal with the lawsuit, as the person hit would sue the driver of the car for monetary reward. Substantive laws are the social rights and duties of people, and procedural law are guidelines through which government bodies or courts deal with breaches in substantive law. E.g. substantive law would state that hitting someone with a car and driving off is a crime, while procedural law would define how the courts could try and sentence in the case Public law is a framework...
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...Performance and Actions of Law Name Course Date Instructor Performance and Actions of Law Albert Einstein according to BrainyQuote once said, “Nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced,” (para. 1). Laws are intended to be a model and regulations make use of common sense. However, an individual may argue that a law is carried through ethics. Laws perform and actions enforce the law in business as well as in society. Meaning of Law According to Bryan Gates Attorney at Law (n.d.), “law is the set of rules that guides our conduct in society and is enforceable through public agencies,” (para. 2). Some rules of conduct according to Bryan Gates Attorney at Law (n.d.), “are considered so important that they are enforced through the government,” (para. 3). Fundamentally law is the benchmark and authority assist in executing conduct, supervising disputes as well as grasping illegal activity. Roles of Law The law delivers several directions in society as well as business. This is most credible in three arrangements. Criminal law is one classification where the law is a social charge of crimes and is arraigned by governing bodies (Melvin, 2011). Along with criminal law civil law is when private affairs may bring lawsuits against one another for wrongdoings (Melvin, 2011). For example, if an individual causes destruction to property or to a person the civil law would be the lawsuit that...
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... Week 2 Substantive Law Substantive Law is the area of law that defines the rights and responsibilities of individuals within a society. The substantive law also defines what is considered a crime and if someone were to break the law then the substantive law would describe the proper punishments to be enforced for breaking that law and provide some boundaries that can help a jury with sentencing. Substantive law is very common and is the type of laws that one would hear about on the evening news. For example the law of committing murder, there are many variations of the types of homicide. Justifiable homicide is defined as non-criminal homicide. It is possible that if homicide is committed to stop a rape, or other serious crimes, it could be justified. The Substantive law describes what may determine justifiable homicide as well as what the rights are for that person who may be facing charges. Procedural Law Procedural law is the process of the legal system. For example, procedural law provides the guidelines that must be followed to submit a lawsuit, press charges, and how restitution and penalties must be handled. Procedural law is also referenced as the "due process of law" and describes how to navigate through the legal system (Procedural Law, 2012). Procedural law is closely aligned with substantive law in defining the process for identifying that a law has been broken, how to pursue bringing forth an allegation, and how infractions of the law are handled...
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...07/26/2013 The accused (Movie) Substantive Law is the basic law in written form and that defines rights as well as duties, which includes crimes together with punishments (contract law, criminal law, tort law, law of wills, etc.) responsibilities and civil rights within civil law. Procedural law on the other hand provides the mechanism through which the enforcement of the duties and rights would be realized. The procedural law therefore comprises of rules to be adhered to by a court while hearing and determining criminal as well as civil cases. This paper intends to analyze from the substantive law point of view of the unfolding events within the movie “The Accused” as written by Tom Topper in 1988 (Ebert para 1-10). The movie is a description of unfortunate happenings that involve Sarah Tobias who is the accused of luring herself into the unfortunate rape ordeal and who is accused of the same. Moreover, in a rather twisty way, the case moves from her accusation and she becomes the accuser in trying to seek justice for her own misfortune. The movie therefore depicts that rape victims would stand to be accused in causing it to happen. The drunkards in the bar where she goes and drinks uncontrollably, shows the substantive sides of the legal movie through the abuse of Tobias rights. The drunkard men blamed the accused for first over-drunkard-ness after which she engaged in provocative dance, which leads to her rape. Under the substantive law provisions, the public (represented...
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...Questions 1. Should morality, in and of itself, be considered a sufficient basis for dening particular conduct as criminal? I think by itself morality should not be used as a basis because the definition of morality varies greatly by person and location. What is moral behavior to one person, could also be non-moral behavior for another. 2. What are the chief distinctions between the civil law and the criminal law? Why Do criminal and civil law sometimes overlap? Whether a tort or a crime was committed. One could punch another in the face and commit the crime of battery, thus being criminally prosecuted and or fined or jailed. At the same time the victim can sue for medical bills, and pain and suffering as compensation. 3. To what extent is the English common law significant in contemporary American criminal law? English common law is the basis for American criminal law, it was built off of it. It’s a statutory system. 4. What is the essential difference between substantive criminal law and procedural criminal law? Give examples of each. Substantive laws define crimes and outline their penalties. An example would be possession of heroin. Procedural laws deal with enforcement of substantive law, determination of guilt, and punishment of the guilty. An example is search and seizure to obtain that evidence. 5. What means of punishment for criminal offenses exist in your state? Is capital punishment available for persons convicted of first-degree murder? Which punishments...
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...Criminal Law CJAD 101 Week # 3 Criminal Law Criminal Law is the assumption that a criminal act injures not just individuals, but society as a whole, (Schmalleger, 2009). In criminal law it is made up of five types of laws, substantive, procedural, civil, administrative and case. The explanation of these laws and how they work is what keep society at a healthy flow. What is considered a crime, how are they categorized, substantive laws is the explanation of the law and it is what constitutes the violation as a crime. It helps to determine the punishment for the crime that is committed. Procedural laws specify acceptable methods for dealing with violations of substantive laws, especially within the context of a judicial setting, (Schmalleger, 2009). This is the methods that determine if a crime is really a crime and it see if it is punishable by law. It also determines if the violation is worth taken a person to court and to prosecute. Civil Law governs relationships between and among people, (Schmalleger, 2009). With civil law not crime has to be committed in order to sue someone. If a person feels that their personal material has been compromised than they can take someone to civil court to receive a judgment. A great example is when O. J. Simpson was acquitted on murder charges; the family took O. J. to civil court and won their judgment. Administrative law is the body of regulations that governments create to control the activities of industry...
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...Classifications of Law There are four different classifications of law that are found around the world. In this brief article I will explain the differences that make up the four classifications of law. 1. Substantive of laws vs. Procedures of laws- Substantive of law is the substance that makes up a law. It is the meaning of a law that explains what you can and cannot do. For example the law states that you cannot murder another human being unless it was in self defense, you were under duress, or if you were drugged by another person. Unlike substantive of law, procedures of laws are just the steps that must take place when filing a lawsuit against another party. 2. Public vs. Private Law- Public law simply means that the government is involved. Public law is any law that has to do with the constitution and the public. This type of law normally involves a criminal suit were the government is prosecuting a citizen for a crime they allegedly committed. Private laws are laws that do not involve the government, and are laws that allow one private entity to sue another private entity in a civil lawsuit. 3. Criminal vs. Civil Law- Criminal law was created to protect the public from the government or from themselves. Criminal laws were created so that the government could not prosecute individuals without due process and so that the public could protect themselves from each other. Civil law are cases where one or both parties are looking for compensation instead of jail time. Civil law covers anything...
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...Criminal Justice Today CHAPTER 4 BOOK COVER Criminal Law Criminal Justice Today, 13th Edition Frank Schmalleger Copyright © 2015, © 2013 by Pearson Education, Inc. All Rights Reserved Nature of Law • Rules of conduct inherent in human nature and in the natural order • Knowable through intuition, inspiration, and the exercise of reason, without need for reference to created laws Ten Commandments The U.S. Declaration of Independence Criminal Justice Today, 13th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved English Common Law • Originates from usage and custom rather than from written statutes • The major source of modern criminal law in the United States • Judge-made law that is refined and changed by actual decisions that judges make when ruling on cases before them Criminal Justice Today, 13th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Definition of the Rule of Law • The maxim that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members Criminal Justice Today, 13th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved The Categories of Law • Statutory law Substantive criminal law • Describes what constitutes particular crimes and specifies the appropriate punishment...
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...spirit of protecting human rights, criminal defense effectiveness is a practice to solve and important problem in theory have to consider. The current study are "cookie-cutter" to defend the effectiveness of implementation in the hope of improvement of the system of criminal procedural law on defense. Although the effects of related program design is an important factor in achieving effectiveness to defend, in today's defense system is increasingly perfect, defense effectiveness problem especially criminal entity effectiveness is cured, the most fundamental problem actually lies not in the program system is imperfect,...
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...The criminal justice system has two sets of underlying values which are Due Process an Crime Control. Due process values focus on the right of individual while crime control values stress the punishment and repression of criminal conduct. The competing nature of these two value systems is often evident in nation’s court. Due process primary concern of early American court is to protect the right of an individual against the power of the state. The fifth and fourteenth amendments states that no person should be deprive of life, liberty, or property without due process of the law. The due process basically requires that the government should act fairly to people. This means, it is not advisable for the government to rely on individual judgment and impulse when making decisions, but must stay within the boundaries reason and the law. Disagreements as to the meaning of these provisions have overwhelmed courts, politicians, and citizens since this nation was founded and may undoubtedly continue to do so. To properly understand due process, there are two types to be considered; procedural due process and substantive due process. Procedural due process states, the law must be carried out by a method that is fair and orderly. It requires certain procedure be followed in administering and executing a law so that an individual’s basic freedoms are never violated. An example of this is the United States Supreme Court that requires schools to follow certain procedures before...
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...The Criminal Justice System in Modern Day Society According to Schmalleger (2015) the American experience with crime during the last half century has been especially influential in shaping the criminal justice system of today. Crime is defined as “conduct in violation of the criminal laws of the state, the federal government, or a local jurisdiction, for which there is no legally acceptable justification or excuse,” (Schmalleger, 2015). Therefore, what constitutes a crime is regulated by local, state and federal laws. Moreover, what is deemed a crime in one state may not be a crime in another state; this is because each unit of government is charged with defining what is classified as a crime within that particular jurisdiction. Likewise, each governmental agency is responsible for the detection and subsequent prosecution of crimes that are committed. Society determines which acts are criminal by using two models known respectively as the consensus model and the conflict model. Schmalleger (2015) suggest that the consensus model is based on majority of the people within a society sharing the same values and beliefs. This group of people determined what is considered right and what is considered wrong. If a member of the groups acts in opposition of the agreed upon norms, and the act threatens the safety of well being of the group, the act is considered illegal and therefore is subject to reprimand. The conflict model seems to suggest that criminal acts are...
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...discuss that Criminals are afforded certain rights of the Bill of Rights. States are not given such protections as they are not in the same class as the defendant. The Bill of Rights is for all persons in these United States. Corporations also have this protection. In the time of this countries creation the Constitution was not complete without the protections of the Bill of Rights. This Bill was created to keep the governments in check in respect to the people who gave them the power to operate. Since the Bill of Rights was created in 1791 it had to be added or incorporated into the States relations with its citizenry, the original version was for the federal governments dealing with State Citizens. Knowing that tyranny was only a step away from that in power or in commerce this Bill has the power to keep the authorities in their respective place and adhere to the rules of procedure. Criminals have certain protections of the bill of Rights also, as they are citizens of the several States or the Federal government, being under the protection of this document it affords them a myriad of guarantees that a State cannot use. The most important right given is the right to remain silent which is the 5th Amendment. This is important because the authorities will use what is stated by a defendant against him or her with no regard as to the effect it will have on the case or whether it is prejudicial, they will use all information gathered against the defendant. Most criminals when arrested...
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