Distinguish between substantive law and procedural law, and explain how this affects your use of authorities.

• A. Substantive law creates rights and duties; procedural law governs how cases are brought and decided; both have different authorities and sources.
• B. Substantive law is the same as procedural.
• C. Procedural law creates rights and duties; substantive law governs how cases are decided.
• D. There is no difference; use any authorities.

Answer: (A)

The main idea is that substantive law sets the rights and obligations people have, while procedural law governs the steps you take to enforce those rights in court. Because of that, the authorities you rely on fit different purposes. For substantive questions, you turn to sources that create or interpret rights—constitutional provisions, statutes that define duties or protections, and case law clarifying what those rights mean in practice. When the issue is procedural, you rely on rules that dictate how a case moves forward—rules of court, evidence rules, jurisdiction, venue, pleading requirements, and deadlines.

In practice, if you’re arguing about what rights exist or what conduct is prohibited, you cite substantive authorities. If you’re arguing about how to bring a claim, prove a claim, or navigate court deadlines, you cite procedural authorities. Sometimes a single statute can touch both areas, but the treatment generally follows whether you’re addressing the substance of the right or the process for enforcing it.