substantive right

Related to substantive right: Procedural right

substantive right

n.
A right that is established by law and can be the basis for a lawsuit, as opposed to a procedural right.

sub′stantive right′


n.
a right, as life, liberty, or property, regarded as part of the natural legal order of society.
[1935–40]
References in periodicals archive ?
Transco had already been granted a substantive right to possession of the sisters' land, but the chapel, built in July was intended as a protest.
51) This distinction is important because while a substantive right cannot be waived by an arbitration agreement, a procedural right can be.
118) And since the court found the right to concerted activity to be a substantive right, not just a procedural one, (119) it followed that Italian Colors' own reasoning supported the holding that the agreement was unenforceable because it required a waiver of a substantive right.
Though the NLRA may be sui generis, numerous courts have held that no such substantive right exists in the context of other employment-related statutory frameworks such as the ADEA and the FLSA.
As such, Health Republic has no substantive right to 'presently due' payment that permits the court to exercise jurisdiction over its claims.
that an employer's mandatory arbitration policy prohibiting collective or class actions violates Section 7 of the labor law, and that enforcing the arbitration/class-action waiver would interfere with the workers' substantive right to engage in collective action.
The project hopes to implement a scheme which ensures the substantive right to legal representation of all persons in detention, within the first hour of the commencement of detention.
target any particular group or substantive right means that the
22) He first explained that the REA grants the Court the authority to promulgate and apply rules subject to its review (such as the Federal Rules of Civil Procedure, generally, and Rule 23, specifically), so long as those rules do "not abridge, enlarge or modify any substantive right.
While it provides a substantive right to the operator, it is not a mandatory but an enabling provision" which can be included in the contract between the operator and the supplier for having a risk sharing mechanism.