a. Traffic law on speeding
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Classify the following subject matters as substantive or procedural laws: Classify the following subject matters as substantive or procedural laws: Classify the following subject matters as substantive or procedural laws: Classify the following subject matters as substantive or procedural laws: Classify the following subject matters as substantive or procedural laws: |
a. Traffic law on speeding
Explanation
Substantive laws encompass the written statutory rules that govern how people behave. People are expected to behave in accordance with the accepted rues. Procedural laws govern how the court proceedings are conducted based on the enforcement of substantive laws. Substantive laws are used to determine whether a tort or crime has been committed. The traffic law on speeding is substantive law that indicates that it is a crime to overspeed and the driver caught will be met by legal consequences. An individual has a duty to drive within the accepted speed on the traffic laws. Any individual who violates the traffic rules by over-speeding is held accountable
References
https://www.diffen.com/difference/Procedural_Law_vs_Substantive_Law
https://info.legalsolutions.thomsonreuters.com/pdf/perspec/2000-fall/2000-fall-3.pdf
https://rrlawaz.com/traffic/criminal-speeding/
Answer
a. Traffic law on speeding - Substantive laws
b. Small claims court rules
Explanation
Procedural laws govern the legal proceedings by highlighting the steps that are needed to process a case and how legal cases flow. The procedural law determines how the proceedings for the enforcement of substantive laws will occur. Substantive laws determine how the facts of a case will be handled and charges for the crime. Small claim courts are designed to provide a judicial determination of disputes that involves small amounts of money. Small claims court rules are procedural because they help in the determination of cases involving small amounts of money. An individual is required to complete a statement of claim when filing a claim under the small claims court. Small claim court rules seek to provide inexpensive and quick ways to resolve legal disputes. For this reason, small claim court rules fall under procedural laws
References
https://info.legalsolutions.thomsonreuters.com/pdf/perspec/2000-fall/2000-fall-3.pdf
https://criminal-law.freeadvice.com/criminal-law/criminal-law/procedural_substantive.htm
https://www.diffen.com/difference/Procedural_Law_vs_Substantive_Law
https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=5418&context=faculty_scholarship
Answer
b. Small claims court rules- procedural laws
c. Evidence
Explanation
Procedural laws encompass a set of rules that are used by the courts to decide the outcomes of administrative, criminal, and civil cases. On the other, substantive laws defines how individuals are expected to behave based on accepted social norms. Substantive laws focus on how enforcements are conducted while procedural laws focus on how proceedings are dealt with. Procedural law governs how the courts deal with the proceedings on the enforcement of substantive laws. The laws of evidence govern the rules and the legal principles needed to prove the facts in a legal proceeding. Evidence is also known as the rules of evidence that must be considered to decide in a legal proceeding. Evidence is considered a procedural law that highlights the rules and principles that will inform the decision at the court level. Evidence cannot be considered substantive laws since they do not deal with the enforcements. Evidence cannot govern the conduct of individuals but it is only helpful in court proceedings
References
https://heinonline.org/HOL/LandingPage?handle=hein.journals/vanlr10&div=33&id=&page=
https://www.thoughtco.com/procedural-substantive-law-4155728
https://www.britannica.com/topic/procedural-law
Answer
c. Evidence - Procedural laws
d. Labor law
Explanation
Procedural laws introduce the legal rules for the creation, application, and enforcement of the substantive laws. A substantive law establishes the rights and obligations that regulate people and organizations. Substantive laws encompass all laws of general and specific applicability. Labor laws are the established rules and principles that govern the relationship between workers, trade unions, employing entities, and the government. Labor laws also apply to matters of industrial relations, remuneration, employment, conditions of work, and trade unions. Labor law can be classified as substantive laws it establishes rights and obligations that govern the relationship between the employees and the government. Labor laws are general and specific in applicability.
References
https://www.britannica.com/topic/labour-law
https://ballotpedia.org/Substantive_law_and_procedural_law
Answer
d. Labor law - substantive laws
e. Securities
Explanation
Securities law encompasses a set of laws and regulations that govern the issuance of securities. Securities laws ensure that public investments are fair to everyone who wishes to invest in the corporation. Securities law defines how a company should offer its investments. Procedural laws govern the enforcement of the rights of individuals and offering redress of wrongs and consist of the rules. Procedural laws create rules of the court that ensure that the rights of individuals are protected. Substantive laws encompass the written rules passed by the legislature to govern how people behave. Procedural laws oversee how court proceedings dealing with the enforcement of substantive laws are conducted. Substantive law regulates the conduct of individuals based on the accepted social norms. The securities laws were enacted by Congress after the market crash of 1929. This way, securities are substantive laws since they were passed by the federal government and regulates the issuance of securities. Securities laws do not focus on enforcement. Securities define the relationship between the company issuing securities and the investors
References
https://link.springer.com/chapter/10.1007%2F978-3-540-74499-3_1
https://legalcareerpath.com/securities-law-capital-markets-law/
https://www.law.cornell.edu/wex/procedural_law
https://criminal-law.freeadvice.com/criminal-law/criminal-law/procedural_substantive.htm
Answer
e. Securities - substantive laws
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