Procedural Law

Procedural law deals with the processes that courts use to decide cases.

procedural areas of law are designate to ensure due process
- all parties in a case are entitled to a fair and consistent process within the courts
3 types of procedural law:
- Criminal
- Civil
- Administrative

Civil

Civil procedure deals with the procedures and processes that courts use to conduct civil trials.

concern claims between individuals
substantive areas of law such as contract law and property law are civil law areas
parties must follow civil procedure rules in court
in federal courts
- case begins when a complaint is filed with the court
  - a court document that sets forth the names of the parties and the facts and legal claims
- rules outlining civil trial process are found in the Federal Rules of Civil Procedure
  - made by the Supreme Court
  - approved by Congress
State courts also have rules
- often based on Federal Rules of Civil Procedure
civil trial cases must be proven by a preponderance of the evidence
- means that it is more probable than not that an action (or wrong) took place
  - >50%
- lowest level of proof in a civil case
some civil cases use the clear and convincing evidence standard
- a party must convince a court that it is more likely than not that an action (or wrong) took place
- E.g., actions to terminate parental rights would use this standard

Criminal procedure deals with the rules that courts follow in criminal law cases.

includes the processes for investigating and punishing crimes
federal and state governments have criminal codes
- specify the actions that constitute a crime
  - wrongs against society
  - prosecuted by the government against an alleged wrongdoer
the federal or state official with the power to pursue criminal cases is called a prosecutor
In the federal system
- rules outlining the criminal trial process are called the Federal Rules of Criminal Procedure
State courts also have rules
- often modeled after federal rules
most criminal cases are tried in front of a jury
- decides questions of fact
- judges role is to watch over the proceedings and decide questions of law
standard of proof for most criminal cases is beyond a reasonable doubt
- burden is met when a prosecutor proves to a jury that there can be no reasonable doubt in the mind of a reasonable person that a defendant is guilty
- highest level of persuasion
- is not 100% sure, but sure that reasonable doubt has been eliminated
Why is there a higher burden of proof in criminal cases?
- because a criminal penalty usually includes jail time, financial penalties, or even death sentence
- these penalties infringe on fundamental rights to liberty, property, and life
- thus, only impose strong penalties with strong proof

Administrative procedure sets forth the process under which administrative agencies make and enforce rules.

federal government and most states delegate some regulatory and enforcement functions to administrative agencies
- delegate some of these functions in very detailed ways and for very specific reasons
When governments delegate power in this way, it is possible to have an agency that:
- creates rules (a legislative function)
- enforces rules (an executive function)
- reviews rules (a judicial power)
actions of these agencies are the focus of administrative procedure
- must be dealt in fair and consistent manner
at the federal level
- Administrative Procedure Act (1946) helps define the federal administrative process
  - states the procedures for agency rulemaking, enforcement, and review
  - allows U.S. federal courts to review agency decisions
different burden of proof for administrative cases
- administrative decision is valid so long as it is not arbitrary and capricious, or abuse of the law
  - no reasonable connection between facts of the case and the administrative outcome