Chicago-Kent College of Law
Lawyers are trained to distinguish between substance and procedure. The substantive law is comprised of standards, such as the Learned Hand formula of negligence, that are used to determine whether a violation of the law has occurred. Procedural rules, on the other hand, determine whether and under what conditions a party can bring suit or be joined in an ongoing suit, the conditions under which a decision may be appealed, the burden of proof, and the allocation of legal expenses.
Fee Shifting and Predictability of Law,
Chicago-Kent Law Review
Available at: https://scholarship.law.bu.edu/faculty_scholarship/914