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Civil procedure consists of the rules by which courts conduct civil trials. "Civil trials" concern the judicial resolution of claims by one individual or group against another and is to be distinguished from "criminal trials", in which the state prosecutes an individual for violation of criminal law.

"Procedure" is to be distinguished from "substantive law" in that substantive law defines the rights and duties of everyday conduct. Substantive law includes contract law, tort law, and so on.

A procedural system provides the mechanism for applying substantive law to real disputes. A good procedural system should provide guidelines as to what information is received by the judge or jury, how that information is to be presented, and what by standards of proof ("beyond a reasonable doubt," "by clear and convincing evidence," "by a preponderance of the evidence") the information will be adjudged. A good procedural system ensures that similar cases will be treated similarly by the courts.

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