Latin for Lawyers

L ATIN FOR L AWYERS

See PROCEDURAL DUE PROCESS

SUBSTANTIVE LAW Those elements of the law which define rights and obligations and which establish and define the rules for regulating society and commerce among people. Contract law, Constitutional Law, Criminal Law, Torts, Property — these are all areas of substantive law . Procedural or adjectival law deals with the machinery created by statute, rule or judicial decision to manage or enforce these substantive rules. Some areas of the law are both substantive and procedural. The subject of Bankruptcy, for example, deals both with the rights and duties of creditors and debtors in bankruptcy and also with the pro cedures to be followed in the bankruptcy courts. The law school courses in Criminal Law and Criminal Procedure reflect the difference between sub stance and procedure in dealing with crimes. See PROCEDURAL LAW SUBSTITUTE, SUBSTITUTED [L. sub + statuere / to cause to stand; to establish, set up] Substitute : To use or put in place of another. To replace or exchange. Also, a person who takes the place of another, as a substitute batter or pitcher in base ball. Substituted : used in place of something or someone else; exchanged for. A substituted administrator is an administrator appointed to replace another who is unable to act. A substituted bequest is a will provision which provides for a substitute beneficiary in the event the original beneficiary dies before the testator. A substituted party is a new party who takes the place of an orig inal party to litigation. A substituted basis in tax law is the adjusted basis or cost of property received in exchange for other property of like kind. SUBSTITUTED SERVICE The service of process by a means other than personal service. Many forms of substituted service exist in the various states. Examples: leaving a summons with a person not the named party, at the residence, home or place of business of the named party; service by mail; service by publication, etc. SUB SUO PERICULO [L. sub + suo / his, his own + periculum / trial, proof, test; also danger, peril, risk] At his own risk. SUBTERFUGE [L. subter / beneath; secretly, in secret + fugio , fugere / to flee, run away] Deception with intent to conceal, escape or evade. A contrivance. A false position or action. A scheme to avoid responsibility for one’s actions.

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