Latin for Lawyers

SUBSTANCE

necessities of life. The state of existing. The means of support and mainte nance. Procurement of the items necessary to sustain life. An allowance given to a spouse to cover expenses incurred during defense of a divorce action in a state in which the spouse is not domiciled. See SUSTENANCE SUBSTANCE [L. sub + sto, stare / to stand; to stand under] An essential part or nature. Physical material which has a discrete identity. Something from which something else is made or derived. As distinguished from form, substance is anything describing the essentials to a right or claim, i.e., the marrow of the claim. (e.g., a contract which is adequate in substance will be enforced, although it may be defective in form.) In the phrase sub stance abuse, substance means any drug or liquor the consumption of which is controlled by statute or regulation. SUBSTANTIAL [L. sub + stare ] Real, not imaginary or illusory. Important; essential. Having great weight or impact. Sturdy, strong. Influential. An act or condition which is substantially completed may be regarded in some cases as a legally acceptable alternative to full completion. SUBSTANTIATE [L. sub + stare ] To give form and substance to. To verify or prove, as by persuasive evidence. To establish as true. SUBSTANTIVE [L. sub + stare ] Real, not illusory. Having both body and form. Relating to the essence or basic nature of a right or claim. Involving matters of importance or conse quence. As used in the law, relating to substance and not to form or proce dure. A substantive crime is a crime which does not contain within its definition any element of another crime. See SUBSTANCE SUBSTANTIVE DUE PROCESS The Constitutional requirement that all laws, statutes and regulations adopted by any state must comply with the Due Process Clause of the Fourteenth Amendment. In this way, a state may not interfere with a person’s freedom of contract or his right to privacy. This limitation is called substantive due pro cess . The concept of substantive due process is different from the principles of procedural due process. Substantive due process prohibits a state from leg islating or regulating in violation of the Due Process Clause. Procedural due process refers to those rights which may not be impaired by misapplication of a law, however valid, to a particular individual or to a particular circumstance.

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