Substantive law, Procedural law and Evidence

1. Definition and Opinion of John Salmond

John Salmond was a prominent legal theorist who defined law as "the body of principles
recognized and applied by the state in the administration of justice." His view distinguishes
between two categories of law:

1. Substantive Law: Refers to laws that define and regulate rights, duties, and obligations
(e.g., property laws, criminal laws).
2. Procedural Law: Refers to the rules that dictate how substantive laws are enforced (e.g.,
court procedures, evidence rules).
 Example: A contract law is substantive law because it defines the rights and obligations
of the parties. The rules of how to file a lawsuit under contract law are procedural law.

2. Division of Laws

1) Substantive Law: Defines the rights and duties of people. It answers the question, "What
are the rights of a person in a legal context?"
 Example: A law that states a person has the right to own property is substantive law.
2) Procedural Law: Concerned with the procedure or methods used to enforce substantive
law. It answers the question, "How are the rights enforced in court?"
 Example: The rules of how a person can file a lawsuit in court or the steps in a criminal
trial are procedural laws.

3. Property, Meaning and Senses (Wider and Narrow Sense), Metaphysical Property

 Property: Refers to a person's legal right to own, use, and dispose of something, whether
it is tangible or intangible.
 Wider Sense: In the broadest sense, property includes any right or interest in a thing, not
just physical objects.
 Example: Intellectual property like patents or trademarks are also considered property in
the wider sense.
 Narrow Sense: In a more limited sense, property refers specifically to physical or
tangible objects, such as land or a car.
 Example: A person owning a house is property in the narrow sense.
 Metaphysical Property: Philosophical concept referring to the inherent characteristics of
something. It looks at property in terms of rights or legal entitlements that exist even
without tangible objects.
 Example: Ownership rights in a piece of intellectual property (such as the copyright of a
book) are metaphysical property.

4. Law of Property

The Law of Property governs rights related to ownership and possession of things.

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 1)Corporeal Property: Physical property that has a tangible form.
 Example: A house, a car, or land.
2)Incorporeal Property: Intangible property that does not have a physical form.
 Example: A copyright, a patent, or a trademark.
3)Inheritance:
 Testamentary Succession: Transfer of property according to the will of a deceased
person.
 Example: A person leaves their house to their children through a will.
 Intestate Succession: When someone dies without a will, their property is distributed
according to statutory laws.
 Example: A person’s property is divided equally between their surviving family
members according to the rules of intestate succession.

5. Kinds of Property

1) Real Property: Property consisting of land and anything attached to it, such as buildings.
 Example: A piece of farmland, a home, or an office building.
2) Personal Property: Any movable property that isn’t affixed to land.
 Example: Furniture, a car, or jewelry.
3) Intangible Property: Property that has value but does not have a physical form.
 Example: Stocks, patents, and trademarks.

6. Prescription

Prescription is a way of acquiring rights or losing them based on the passage of time.

1) Positive Prescription: When a person acquires ownership of something through

continuous use over a specified period.
 Example: A person occupying a piece of land for 12 years without the owner’s objection
may acquire ownership of that land under the principle of adverse possession.
2) Negative Prescription: When someone loses rights due to non-use over time.
 Example: A person who does not exercise a right of way over someone’s property for an
extended period might lose that right.

7. Servitudes (Easements)

Servitudes (also known as easements) are rights granted to use someone else's property for
a specific purpose.

I. Right of Way: The right to pass over someone else’s land.

 Example: A farmer has the right to pass through a neighbor’s land to access their own
property.
II. Right to Light: A legal right to receive natural light through a window.
 Example: A person might have a legal right to sunlight for a window in a building, and
no one can build to block it.

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8. Obligations

An obligation is a legal responsibility for a person to perform a particular act, which may
involve doing something or refraining from doing something.

 Example: A seller has an obligation to deliver goods as per a contract with the buyer. If
they fail, the buyer can take legal action.

9. Distinction between Substantive and Procedural Laws

I. Substantive Law: Defines and regulates rights and duties.

 Example: Laws that govern how a property is transferred between individuals.
II. Procedural Law: Defines the steps or processes to enforce those rights.
 Example: The process of filing a lawsuit in court to claim ownership of a piece of
property is procedural law.

10. Elements of Judicial Procedure

Judicial procedures involve various stages:

I. Summons: A formal notice issued to a defendant to appear in court.

 Example: A person being sued for breach of contract is sent a summons to appear in
court.
II. Pleadings: Written statements outlining the parties' claims and defenses.
 Example: A plaintiff files a complaint with their allegations against the defendant, and
the defendant responds with an answer.
III. Proof: The evidence that supports a party’s case.
 Example: A witness testimony or a contract document can serve as proof.
IV. Judgment: The final decision made by a court after considering the evidence.
 Example: A court judgment ruling that a property should be transferred to a buyer.
V. Decree: A formal order issued by the court.
 Example: A court orders that a will be executed as per the deceased's instructions.

Execution: The enforcement of a judgment.

 Example: A sheriff seizing a defendant's property to satisfy a judgment for debt.

11. Evidence, A. Statement and Document

 In jurisprudence, evidence refers to the information, facts, or materials presented in a

legal proceeding to prove or disprove a claim, fact, or assertion made by one of the
parties. It is a crucial component of judicial processes, as it serves to support or challenge
the validity of the parties’ arguments.

Definition of Evidence in Jurisprudence:

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According to jurisprudential theory, evidence can be defined as:

 "The body of facts or materials presented before a court of law to establish the truth
or falsity of a claim."

It is essentially the information used to assist the court in determining whether the facts of a case
align with the legal claims made by the parties involved.

Characteristics of Evidence in Jurisprudence:

1) Relevance: Evidence must be relevant to the issues at hand. It is admissible if it helps to

prove or disprove a material fact in the case.
 Example: In a murder case, evidence like fingerprints or DNA found at the crime scene
is relevant.
2) Admissibility: Evidence must be legally acceptable. The court may reject certain
evidence if it was obtained unlawfully (e.g., through illegal searches) or if it does not
meet the required legal standards.
 Example: A confession obtained through torture may be inadmissible in court.
3) Reliability: The evidence presented must be credible and trustworthy.
 Example: Eyewitness testimony is considered reliable if the witness is proven to be
competent and credible.
4) Sufficiency: There must be enough evidence to support a conclusion. Evidence can be
either direct or circumstantial but must be adequate to prove the fact in question beyond a
reasonable doubt (in criminal cases) or by a preponderance of evidence (in civil cases).
 Example: In a theft case, the presence of the stolen items in the defendant’s home could
be sufficient to establish guilt.

Evidence can be a:

I. Statement: A verbal or written declaration made by a person, used to prove or disprove a

fact in a case.
 Example: A witness’s testimony in court saying they saw a person at a crime scene.
II. Document: A physical or digital piece of evidence, such as contracts or official records,
used in court.
 Example: A signed contract showing an agreement between two parties.

12. Kinds of Evidence

 Judicial and Extrajudicial Evidence:

A. Judicial Evidence: Evidence presented during the course of judicial proceedings.
 Example: Testimony given in court.
B. Extrajudicial Evidence: Evidence gathered outside the courtroom.
 Example: Evidence obtained during an investigation before the trial begins.
 Real and Personal Evidence:
C. Real Evidence: Physical objects presented as evidence.
 Example: A weapon used in a crime presented in court.

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 D. Personal Evidence: Testimony or statements from individuals.
 Example: A witness’s account of events.
 Primary and Secondary Evidence:
E. Primary Evidence: The original document or object.
 Example: The original will of a deceased person.
F. Secondary Evidence: Copies or reproductions of the original evidence.
 Example: A photocopy of the original will.
 Direct and Circumstantial Evidence:
G. Direct Evidence: Evidence that directly proves a fact.
 Example: An eyewitness testifying that they saw the defendant commit a crime.
H. Circumstantial Evidence: Evidence that requires an inference to be drawn.
 Example: Finding a defendant’s fingerprints at a crime scene.

13. Valuation of Evidence

I. Conclusive Proof: Evidence that establishes a fact without any question.

 Example: DNA evidence linking a suspect to a crime scene.
II. Presumptive Proof: Evidence that allows a fact to be inferred unless disproved.
 Example: Fingerprints on a weapon at a crime scene can presumptively link a suspect to
the crime.
III. Insufficient Proof: Evidence that is inadequate to support a claim.
 Example: An empty wallet is insufficient to prove theft without further evidence.
IV. Exclusive Proof: Strong evidence that leaves no room for doubt.
 Example: A video recording showing a person committing a crime.

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