Substantive Law Vs Procedural Law

In the United States “Substantive law consists of written statutory rules passed by legislature that govern how people behave. These rules, or laws, define crimes and set forth punishment. They also define our rights and responsibilities as citizens. There are elements of substantive law in both criminal and civil law” (Kadian-Baumeyer, p.1). How is this applicable? If a person is arrested for drunk driving there has to be things proven for it to work. They would need:

Legal research is not only about discovering how the law applies, it is also about determining how strong case is. Using legal research we are analyzing strength and weaknesses of client’s case, and using counteranalysis we determine how opponent can use weaknesses against us. In this paper we will establish why counteranalysis is important and why do we use it, when we use it and where we can apply it.

1. Define civil and criminal law. Could these case facts give rise to a criminal, a civil case, or both? Explain your answer.

The Criminal Justice process involves the gathering of evidence by the proper authorities, witness testimonies, expert testimonies, psychological examinations, forensics reports,

A forum applies its own choice of law approach. So here North Montana will apply the Second Restatement of Conflicts of Laws as the state follows that approach. Under the Second Restatement, three main steps need to be considered: 1) whether the conflict is procedural or substantive, 2) whether a choice of law provision in a contract should be applied, and 3) the application of a choice of law rule. Here, it appears that the choice of law provision selecting Old York should be applied because none of the exceptions to the general rule apply.

What does the prosecution need to prove in the courtroom for a person to be convicted of a criminal offence? (2 marks)

The differences between legal rules and other kinds of rules is that criminal law refers to the consequences associated with breaking them. As the substantive law meaning that it is the law of crimes, referring that Criminal law is the code conduct that all in the society need to follow the rule, and the prohibitions on murder, assault, and burglary. Meaning that if an individual violates or commits these crimes they are going to be treated as a criminal by punishing act from the state. Civil law is refers to procedural law to follow the rule of the state from someone that has committed a crime. Which it is divided into 5 categories, for example torts, property, contract, family, and juvenile law.

While reviewing this case I found it beneficial to refer to La Morte’s definition, which states that in education “substantive due process essentially deals with the question of fair treatment of persons by those acting under the color of the state” (p.5). I was previously familiar with the concept of due process, but have limited experience applying my knowledge in a professional setting. i feel the most valuable thing I took away from this reading is the importance of formal observations and documentation. Ultimately, the court ruled against the district because they did not have a Certified Behavior Analyst complete a functional behavior assessment of the child (Broder, 2010,

It is there to ensure that when decision is made, they are made impartially and properly. Usually, if a decision maker renders a verdict implementing fair and proper protocol a fair verdict is issued. One usually finds that procedural fairness is seen in administrative judgments. Procedural Fairness hearings usually render a higher amount of positive outcomes. Allowing a person to opportunity present their proof and be heard with the capability of explaining themselves fully gives them accountability and allows them to be more receptive to the final result of their case all the while establishing a better faith in our governmental organizations and democratic principles.

Prosecution and Pretrial Procedures, it is in this stage that if determined to be a felony or misdemeanor,

A person is charged with a crime by the prosecutor when there is: the committing of a crime; identification of the violator; adequate proof to substantiate a guilty verdict.

Procedural law inhibits the way in which civil and criminal laws are enforced (Bohm & Haley, 2014). It is meant to protect the rights of those who are accused of a crime. Which amendment has more of a possibility of being violated out of the many amendments in the United States constitution?

A crime consists of an actus reus and a mens rea, in order to obtain a conviction of a criminal charge there must be a concurrence between the actus reus and mens rea. The elements of a criminal act

If I were conducting an in-service to my fellow officers over the five elements needed to constitute a crime, I would do by going over, explicitly what each element is and provide an example. Furthermore, I would then tie all elements in together for a larger example. According to Brody and Acker (2010), Professor Jerome Hall developed the framework of the five general elements to a crime, which are:

Very vaguely, the rule of law is: “the name commonly given to the state of affairs in which a legal system is legally in good shape.”