Due Process

/ˈduː ˈprɑːsɛs/

Definitions

  1. (n.) A constitutional guarantee that legal proceedings will be fair and that individuals will be given notice and an opportunity to be heard before any governmental deprivation of life, liberty, or property.
    The court ruled that the defendant was denied due process when he was not given a chance to present evidence.
  2. (n.) The procedural protections secured by the Fifth and Fourteenth Amendments to ensure fairness in governmental actions affecting individuals.
    Due process requires that the government follow established procedures before revoking a license.

Commentary

Due process encompasses both procedural safeguards and substantive protections, and drafters should specify which aspect is implicated in context.

This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.

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Amicus Docs | Due Process Definition