{"id":10542,"date":"2017-12-10T05:56:42","date_gmt":"2017-12-10T05:56:42","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=10542"},"modified":"2017-12-10T06:15:35","modified_gmt":"2017-12-10T06:15:35","slug":"procedural-due-process-a-regular-course-of-justice-which-is-not-unreasonable-or-arbitrary-with-minimal-requirements-of-notice-and-a-hearing-especially-if-the-deprivation-of-a-significant-life-lib","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=10542","title":{"rendered":"Procedural Due Process – a regular course of justice, which is not unreasonable or arbitrary, with minimal requirements of notice and a hearing especially if the deprivation of a significant life, liberty, or property interest may occur, in pursuance of an effective remedy secured by the law and the state"},"content":{"rendered":"

procedural due process:<\/span><\/span>
\n<\/strong>(1934)<\/span><\/p>\n

1.<\/strong> The minimal requirements of notice and a hearing guaranteed by the Due Process Clauses of the 5th and 14th Amendments, especially if the deprivation of a significant life, liberty, or property interest may occur.\u00a0 *\u00a0 The Supreme Court<\/a> has ruled that the fundamental guarantees of due process apply to children as well as to adults and that they apply in situations in which a juvenile may be deprived of liberty even though the juvenile proceedings may be labeled civil rather than criminal.\u00a0 In re Gault<\/em>, 387 U.S. 1, 87 S. Ct. 1428 (1967)<\/a><\/strong>.\u00a0<\/strong><\/span>In that case, the Court held that an accused child was entitled to notice of the charges, the privilege against self-incrimination, the right to confront witnesses, and the right to summon witnesses on his or her own behalf. Justice Abe Fortas wrote the majority opinion in Gault, and Chief Justice Earl Warren predicted that it would come to be called the \u201cMagna Carta for juveniles.\u201d<\/strong> [1]<\/strong><\/span><\/p>\n

1. A regular course of justice, which is not unreasonable or arbitrary, upon notice and hearing, in pursuance of an efficacious remedy secured by the law and the state.\u00a0 16 Am J2d Const L \u00a7 549<\/span>.<\/span><\/strong><\/p>\n

An orderly proceeding appropriate to the case or adapted to its nature, just to the parties affected, and adapted to the ends to be attained; one in which a person has an opportunity to be heard, and to defend, enforce, and protect his rights with the assistance of counsel before a competent and impartial tribunal legally constituted to the determine the right involved.\u00a0 2 Am J2d Admin L \u00a7 353<\/span>.<\/strong> [2]<\/span><\/p>\n

1. In any action in which a person is entitled to due process, she is entitled to receive both procedural due process and substantive due process, both of which are grounded int eh Fifth Amendment and the Fourteenth Amendment.\u00a0 The term procedural due process implies a proceeding in which a person has a full opportunity to protect her rights.<\/strong> [3]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>Deluxe<\/b><\/span><\/em> Tenth<\/b><\/span><\/em> Edition<\/b><\/span><\/em><\/a>\u00a0<\/span><\/strong>by<\/b><\/span><\/strong> Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>with<\/b><\/span><\/em> Pronunciations<\/b><\/span><\/em>
\n<\/span><\/em>Third Edition<\/span><\/strong><\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]: Ballantine\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>Legal<\/b><\/span><\/em> Assistant<\/b><\/span><\/em> Edition<\/b><\/span><\/em><\/a>\u00a0<\/span><\/em>by<\/b><\/span><\/strong> Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

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