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Substantive Law Example Involving a History of Prior FeloniesĪn example of substantive law can be found in a case involving a defendant with a history of prior felonies, who argued that he had been sentenced too harshly, based on discrepancies between state and federal law.

Tyson wherein federal judges were permitted to ignore their states’ common law decisions in certain cases. Here, the Court overturned the prior decision that had been made in Swift v. The origin of the Erie Doctrine is the Supreme Court’s landmark decision from 1938 in Erie Railroad Co. When the question pertains to procedural law, however, then the court must apply federal law to the matter at hand. The Erie Doctrine is a civil law doctrine which provides that a federal court, when trying to decide whether to apply federal or state law to a case, must follow state law with regard to substantive law issues. Substantive law is the “substance of the case,” and procedural law provides the “procedure” that would be best to handle the substance of each particular case. Substantive law defines the elements of a case, while procedural law focuses on the burden that is on the plaintiff to prove any wrongdoings to a jury that fit within the elements provided. Substantive law is then relied upon by a judge and/or jury when evaluating the evidence in a case to determine the nature of the case and the appropriate way to settle the matter. Substantive law and procedural law work together, in that procedural law system boosts the substantive law system by providing the guidelines that need to be followed so that substantive law can be applied to real-world disputes. Another reasonable person would have been offended by Gary punching him in the face How Substantive Law and Procedural Law Work Together.

Jason surely did not want to be punched.

Gary made contact with Jason with the intent to hurt him.

Therefore, if Gary punched Jason in a bar, and broke his nose, for making a comment that offended Gary, Gary would likely be convicted of assault because:

That another reasonable person would have been offended by the accused’s touch.

That the victim did not want to be touched.

The accused touched the victim with the intent to harm him.

In the state of California, for instance, for a person to be convicted of assault, the prosecution would have to prove that: There do not exist standard elements for every crime, nor for every jurisdiction. Substantive criminal law differs based on the state or jurisdiction in which the alleged crime took place. If these three elements are not present, then the incident may not be classified as a burglary, and a jury may decide that the accused is innocent, and that no crime had been committed.

With the intention of committing a crime.

For instance, substantive criminal law would dictate that, for a person to be charged with the crime of burglary, the following elements must be present: For every alleged crime that has taken place, there are specific elements that must exist in order to classify it as a crime. Substantive criminal law deals with the elements of a case insofar as whether the issue at hand can be considered a crime or not.

Therefore, a plaintiff in a state where this is illegal may have a case for negligence, while a plaintiff in a state that allows it might not. For instance, while someone is not allowed to make a right turn on red light in one state, he may be allowed to do so in another state. While all states will insist that a plaintiff prove the existence of these four elements of substantive law in a lawsuit to be victorious in a negligence claim, each state will differ insofar as its specific driving laws are concerned. Negligence is most commonly pursued in cases involving motor vehicle accidents. The laws of the state in which the lawsuit is brought will dictate the nature of the case, and will determine to what extent each of these elements exists.

The failure to exercise a reasonable standard of care.

For instance, substantive law in a lawsuit for a negligence claim consists of four major elements: This way, the best plan of action can be taken insofar as bringing a lawsuit against someone, or defending someone who has found himself at the center of a lawsuit. Substantive law in a lawsuit refers to the “substance” of a case, in that it deals with the elements of the case, and clearly defines the area of law that applies to each particular case. Procedural law provides a kind of step by step plan on how the facts of each case are to be handled, and how the case should proceed in order to reach a desired goal, whether that goal is trial, settlement, or otherwise. Procedural law is made up of all of the rules that a court will consider when determining how best to handle a civil or criminal court proceeding. Procedural law differs from substantive law in that it guides the state on how best to enforce substantive laws.