Law421 – What Is Business Law?
Week TWO Team Assignment
Law/421
October 8, 2012
Law is a very vast subject and covers many facets. Each topic covers something different and has important rules and regulations. We will discuss each of the differences and what the different topics cover.
Substantive Law versus Procedural Law is an often overlooked aspect of law that does not have an explicit means to enforce (or otherwise peruse it), is only half a law. Procedural law is the ‘means’ to substantive law. According to Melvin (2011), Substantive laws provide rights and duties to the individual, whereas procedural laws provide the structure and rules for pursuing substantive law. One example of this symbiotic relationship is expressed when state law provides an individual with certain restitution rights in lieu of losses incurred as a result of the negligence of a wrongdoer (substantive law), whereas in order to accommodate the actual collection of said restitution, a state statute prescribing the procedural/legal apparatus is put in place (procedural law). Procedural law includes rules that govern court procedures. These include items such as how and when to file lawsuits and the process for obtaining court-given monetary restitutions (p. 18).
The difference between criminal law and civil law is the outcome for the individual. Being convicted of a criminal offense can result in incarceration, fine or the extreme the death penalty. These criminal crimes are considered either a felony which can land the defendant in jail for at least one year. Some criminal offenses can result in loss of privileges like public employment, licenses and public offices.
A misdemeanor is a crime that is lower than criminal offense and results in fines and about twelve months in jail. However, you can lose some privileges if the defense is related to the crime (DWI can result in the loss of license or a tax professional can lose their license to do taxes if convicted of fraud).
In contrast, civil law defendants are never incarcerated nor the receive the death penalty. In civil law the repercussions usually end in monetary payments