Substantive Law & Legal Procedures Flashcards

What is substantive law primarily concerned with?

Answer: Rights and obligations of individuals

Substantive law is the branch of law that defines the rights, duties, and obligations of individuals and entities. It establishes the legal principles that govern behavior and relationships, determining what is permissible or prohibited. This is distinct from procedural law, which outlines the methods for enforcing these rights and obligations.

Which of the following is an example of a civil law issue?

Answer: Breach of contract

Breach of contract is a civil law issue because it involves a dispute between private parties over the failure to fulfill the terms of an agreement. Civil law focuses on resolving disputes between individuals or organizations, often seeking monetary damages or specific performance, rather than punishing criminal offenses against the state.

What role does procedural law play in the legal system?

Answer: It governs the steps to enforce legal rights

Procedural law dictates the specific steps, rules, and procedures that must be followed in legal proceedings, from filing a lawsuit to conducting a trial and appeals. Its role is to ensure fairness, consistency, and due process in the application of substantive law. It governs how legal rights are enforced, rather than defining the rights themselves.

In criminal law, who bears the burden of proof?

Answer: The prosecution

In criminal law, the burden of proof rests squarely on the prosecution. They are responsible for presenting sufficient evidence to convince the judge or jury that the defendant is guilty of the crime beyond a reasonable doubt. The defense attorney's role is to challenge the prosecution's case, not to prove innocence.

Which type of law is used to resolve family disputes like custody?

Answer: Family law

Family law is a specific branch of civil law that addresses legal issues arising from family relationships, including marriage, divorce, child custody, adoption, and domestic violence. It provides the legal framework for resolving disputes and establishing rights and responsibilities within family units. Therefore, it is the appropriate area of law for custody disputes.

What is the standard of proof in civil cases?

Answer: Preponderance of the evidence

In civil cases, the standard of proof is the 'preponderance of the evidence,' meaning the plaintiff must show that their claim is more likely true than not. This is a lower standard than 'beyond a reasonable doubt' used in criminal cases. It essentially means that the evidence presented tips the scales of justice slightly in favor of one party.

What is the main difference between felony and misdemeanor?

Answer: Felonies are punishable by over a year in prison

The primary distinction between a felony and a misdemeanor lies in the severity of the crime and its potential punishment. Felonies are serious crimes, typically punishable by imprisonment for more than one year, often in a state or federal prison. Misdemeanors are less serious offenses, usually carrying a maximum sentence of less than a year in a local jail or fines.

What is discovery in legal proceedings?

Answer: Exchange of evidence before trial

Discovery is a crucial pre-trial process in legal proceedings where opposing parties exchange information and evidence relevant to the case. This includes documents, interrogatories, depositions, and requests for admission. Its purpose is to prevent surprises at trial, narrow down issues, and facilitate settlement discussions by ensuring both sides have access to pertinent facts.

Why are statutes important in substantive law?

Answer: They define legal principles and obligations

Statutes are written laws enacted by a legislative body, such as a parliament or congress. In substantive law, statutes are fundamental because they explicitly define legal principles, rights, obligations, and prohibitions. They provide clear, codified rules that govern behavior and form the basis for legal actions and decisions.