(iii) Substantive law or procedural law? | PART A: PROBE THE PROBLEM

The Toolkit » PART A » Step 2: Analyze the facts » Step 2.2: List concepts keywords » (a) Type of law » (iii) Substantive law or procedural law?

(iii) Substantive law or procedural law?

Substantive law establishes people's rights and duties.¹²⁶ Procedural law governs the way the justice system works—'the rules of the contest'. Your problem may raise issues of both types of law. Many legal resources separate substantive law from procedural law. So choosing the category that applies to you can help you to find the right starting point.¹²⁷ The table in the next section, 'Areas of law', might help you identify whether your problem involves substantive law or procedural law.

¹²⁶ We have based this section on Stephen Elias and Susan Levinkind, Legal Research: How to Find & Understand the Law (13th ed, 2005) 4/5.

¹²⁷ Stephen Elias and Susan Levinkind, Legal Research: How to Find & Understand the Law (13th ed, 2005) 4/5.

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If you have only one legal research guide, we highly recommend Legal Research: How to Find and Understand the Law. It is an American book, but many of the concepts apply universally.

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Read "Legal Research"

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