In the American legal system, all of the substantive
rules of law emanate from one of the following sources:
Constitutions
Legislative Enactments (Statutes)
Case Law
The term substantive law refers to
those laws which define the rights and duties of individuals towards one
another and towards the state. Federal and State administrative
agencies are also authorized to promulgate rules and regulations.
For Federal Agencies these rules are found in the
Code of Federal Regulations.
Procedural law, which makes up the
ground rules for the way cases proceed through the court system, is often
found in rules laid down by the courts themselves. California's rules are
found in the California Rules
of Court. For the Federal Judicial System these rules are found in
the Federal
Rules of Civil Procedure and the Federal
Rules of Criminal Procedure. The Federal
Rules of Evidence are a hybrid of substantive and procedural law.
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