Substantive Right - Law Dictionary Search Results
Home Dictionary Name: substantive right Page 1 of about 31 results ( seconds)substantive right
substantive right : a right arising from substantive law ...
Substantive
Substantive, means existing in its own right, specific; of or relating to a substantive crime, United States v. Elliot, 571 F 2d 880 (1978)....
Proceeding
Proceeding, includes administrative proceeding, Nathibai v. Maheshwari Samaj Ramola Trust, AIR 1997 MP 19.It includes execution proceedings also, Specific Relief Act, 1963, s. 22.Proceeding, is a term of wide amplitude. It means a prescribed course of action for enforcing or protecting a legal right and further embracing the requisite steps to be taken whether procedural or substantive. Also means forms in which relief is sought before courts of law or before other bodies or authorities determining rights and liabilities and in which actions are brought and defended and the manner of conducting them and the mode of deciding them. All these happenings or events before a labour court or industrial tribunal or any other authority on whom jurisdiction is conferred by law to dispose of contentious matters are understated by the term 'proceeding', Workmen of Bali Singh Bhagwan Singh v. Management, 1968 ILR 2 Punj 371: 1969 Lab IC 581: AIR 1969 Punj 147; K.J. Lingan and A.V. Mahayalam v. Jt. ...
remedial
remedial 1 a : intended as or providing a remedy b : concerned with the correction, removal, or abatement of an evil, defect, or disease [ treatment of an inmate to improve behavior] [a workers' compensation claimant who received attention from a doctor] [ a statute correcting the previous law] 2 : of, relating to, or being a law enacted for the purpose of providing a method of enforcing an already existing substantive right : procedural ...
Lien
Lien [answering to the tacita hypotheca of the Civil Law], a right in one man to retain that which is in his possession belonging to another, until certain demands of the person in possession are satisfied. It is neither a jus in re, nor a jus ad rem--i.e., it is not a right of property in the thing itself, or right of action to the thing itself.It is either particular, as a right to retain a thing for some charge or claim growing out of, or connected with, the identical thing; or general, as a right to retain a thing not only for such charges or claims, but also for a general balance of accounts between the parties in respect to other dealings of the like nature.General and particular liens may arise: (1) by an express contract; (2) by an implied contract, resulting from the usage of trade, or the manner of dealing between parties. General lines are not favoured in law, but some judicially recognized general lines are bankers', solicitors', factors', stockbrokers'. See Halsb. L.E., ti...
substantive
substantive 1 : of or relating to a matter of substance as opposed to form or procedure [a issue] [the instructions to the jury] [was dismissed on procedural and grounds] compare procedural 2 : affecting rights, duties, or causes of actions [a statutory change] [a rule of law] 3 : existing in its own right ;specif : of or relating to a substantive crime [the object of a RICO conspiracy is to violate a RICO provision "United States v. Elliot, 571 F.2d 880 (1978)"] ...
Substantive law
Substantive law, 'substantive law' is that part of the law which creates, defines and regulates rights in contrast to what is called adjective or remedial law which provides the method of enforcing rights, Execu. Engineer, DMI Div v. N.C. Budhiraja, AIR 2001 SC 626 (647): (2001) 2 SCC 721....
due process
due process 1 : a course of formal proceedings (as judicial proceedings) carried out regularly, fairly, and in accordance with established rules and principles called also procedural due process 2 : a requirement that laws and regulations must be related to a legitimate government interest (as crime prevention) and may not contain provisions that result in the unfair or arbitrary treatment of an individual called also substantive due process NOTE: The guarantee of due process is found in the Fifth Amendment to the Constitution, which states “no person shall…be deprived of life, liberty, or property, without due process of law,” and in the Fourteenth Amendment, which states “nor shall any state deprive any person of life, liberty, or property without due process of law.” The boundaries of due process are not fixed and are the subject of endless judicial interpretation and decision-making. Fundamental to procedural due process is adequate notice prior t...
procedural law
procedural law : law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress (as in a suit) and that is distinguished from law that creates, defines, or regulates rights [the federal courts in diversity actions must apply state substantive law and federal procedural law "Miller v. American Dredging Corp., 595 So. 2d 615 (1992)"] ;also : a particular law of this nature compare substantive law ...
substantive law
substantive law : law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law compare adjective law, procedural law NOTE: There are restrictions on applying new substantive law (as statutory or case law) retroactively. ...
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