Procedural vs. Substantive Rules

Question 1

Mini outline – procedural vs substantive

Answer 1

(1) main distinction
(2) statute of limitations
(3) rules of evidence
(4) burdens of proof
(5) presumptions
(6) parol evidence rule
(7) statute of frauds

Question 2

Distinction between procedural and substantive rules

Answer 2

In general, rules governing rights INSIDE the court are procedural, and rules governing rights and obligations OUTSIDE the court are substantive

Question 3

Statute of limitations – S or P?

Answer 3

Procedural

Exception: a wrongful-death statute that conditions recovery on a time fixed in the statute = substantive rule

Question 4

Rules of evidence – S or P?

Answer 4

Procedural

Exception: when an evidentiary ruling would be “outcome determinative” = substantive rule

Question 5

Burdens of proof – S or P?

Answer 5

Procedural

Question 6

Presumptions – S or P?

Answer 6

Rebuttable presumptions = procedural
Conclusive presumptions = substantive

Question 7

Parol evidence rule – S or P?

Answer 7

Substantive

Question 8

Statute of frauds – S or P?

Answer 8

Substantive