What is substantive law? Here’s what you need to know • LegalScoops
Legal contracts and litigation often come with clean language that can be difficult for someone unfamiliar with legal terminology to understand. “Legalais” can be useful as a shortcut when lawyers communicate with each other, but some terms are incomprehensible to the layman.
One of those terms that may have confused you is substantive law. While you may be familiar with criminal or civil law, substantive law means something different. In this context, “material” means something different from its concrete uses in everyday conversation.
Here’s everything you need to know about substantive law and its benefits.
Substantive law and contracts
Substantive law is a type of legal practice that relates to contracts. For example, before signing a complex legal contract, a person can hire a lawyer to help them understand the agreement and defend their case in this situation. A lawyer representing a person to assist him in signing a contract that he might not have accepted without legal representation is deemed to practice substantive law.
Substantive law also has another connotation when it comes to contracts. For example, suppose a party who agreed can reasonably claim that the promised benefits were never delivered or were not delivered promptly. In this case, it is a matter of a substantial breach of contract.
While a minor breach of contract is usually negligible, a material breach often results in more serious consequences. Complainants can argue in court that the breach of the agreement cost them money or caused material damage to their finances. In the event of a substantial breach of contract, both parties can hire attorneys to discuss injuries resulting from the breach.
Laws governing materials
In some legal contexts, “substantive law” refers to any law that governs materials. These are partially defined by law as “dredged material, solid waste, incinerator residues”, and so on. In this case, materials law refers to the statutes and laws that govern the storage and disposal of materials that are generally hazardous.
Substantive law is very important to the continued health of our planet and the people who live on it. These laws aim to regulate the use of hazardous materials in order to avoid pollution that harms the environment and causes property damage and health problems to people nearby. Companies that violate substantive law can be fined heavily.
Other uses of the “material” in a legal context
The word “material” is important in most legal contexts, although it has a slightly different meaning than what you might encounter in your day-to-day life.
Sometimes the material is used interchangeably with the evidence. In this case, substantive law may refer to any object, fact or statement which may serve as evidence in court. In other situations, real evidence is a term used to separate relevant evidence from information that is only tangentially related to a case and that the jury may ignore.
In other cases, the phrase “important” may refer to the importance of discussing an issue. For example, an important fact is relevant to the remainder of the trial which must be decided before the court can proceed.
As mentioned above, “material” is also used to determine the significance of a breach or breach of contract. Often times, a plaintiff may need to prove that the defendant caused property damage or damage that had a tangible effect on their finances and property in order for a case to proceed.
In the legal world, the word “material” can have several different meanings. It can refer to the materiality of a fact, evidence or damage that a claimant is claiming. Substantive law can refer to establishing what is a material fact before initiating legal proceedings. In environmental law, materials law concerns the rules concerning the disposal of hazardous materials and their effects on the surrounding populations.
Most often, substantive law refers to contract law. In this context, a lawyer specializing in substantive law can represent clients in the conclusion of a contract or in proceedings for damages for substantial breach of contract.
Legal Scoops editor-in-chief Jacob Maslow founded several online newspapers, including the Daily Forex Report and the Conservative Free Press.