Due Process - Law Dictionary Search Results
Home Dictionary Name: due process Page: 2 Page 2 of about 55 results (0.003 seconds)total incorporation
total incorporation : a doctrine in constitutional law: the Fourteenth Amendment's due process clause embraces all the guarantees in the Bill of Rights and applies them to cases under state law compare selective incorporation NOTE: The total incorporation doctrine has never been adopted by a majority of the U.S. Supreme Court. The majority opinions of the Supreme Court have instead adhered to a fundamental fairness standard or applied selective incorporation in determining whether a state has violated the Fourteenth Amendment's due process clause. ...
Procedure established by law
Procedure established by law, does not mean due process of law, A.K. Gopalan v. State of Madras, AIR 1980 SC 27.In India as in UK, the legislature is free to lay down any procedure, within the ambit of its legislative power, all that is required to deprive a person of his life or personal liberty is to lay down a procedure by an intra vires enactment, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 101.In UK the law being State made or enacted and not the general principles of natural justice, procedure established by law means the procedure proscribed by the legislature, A Commentary on the Constitution of India, Vol. D , 6th Edn., p. 101.Means procedure enacted by a law made by the State, that is to say, the Union Parliament or the legislatures of the State, Collector of Malabar v. Erimmal Ebrahim Hajee, AIR 1957 SC 688. (See Constitution of India, Art. 21)Means the procedure prescribed by the law of the State. (Constitution of India, Art. 21)The term ...
process
process 1 : a continuous operation, art, or method esp. in manufacture [whoever invents or discovers any new and useful …may obtain a patent therefor "U.S. Code"] 2 a : procedure see also abuse of process, due process b : a means (as a summons) used to compel a defendant to appear in court ;broadly : a means by which a court acquires or exercises jurisdiction over a person or property see also mesne process compare notice, service NOTE: In civil procedure, service of a summons on a defendant is considered constitutionally sufficient process, although usually a copy of the complaint must also be provided according to the local rule of procedure. ...
fundamental fairness
fundamental fairness 1 : the balance or impartiality (of a court proceeding) that is essential to due process 2 : a subjective standard by which a court proceeding is deemed to have followed due process ...
hearing
hearing 1 : a proceeding of relative formality at which evidence and arguments may be presented on the matter at issue to be decided by a person or body having decision-making authority compare trial NOTE: The purpose of a hearing is to provide the opportunity for each side of a dispute, and esp. a person who may be deprived of his or her rights, to present its position. A hearing, along with notice, is a fundamental part of procedural due process. Hearings are also held, as for example by a legislature or an administrative agency, for the purpose of gathering information and hearing the testimony of witnesses. administrative hearing : a hearing conducted by an official (as an administrative law judge) or a body (as a review board) of an administrative agency regarding an agency action and esp. an action under dispute confirmation hearing 1 : a hearing conducted by the U.S. Senate to examine a nominee for the U.S. Supreme Court NOTE: Article II of the U.S. Constitution provides ...
Petition of Right
Petition of Right, 3 Car. 1, c. 1, a parliamentary declaration of the liberties of the people, assented to by Charles I. in the beginning of his reign.In the first Parliament of Charles I., which met in 1626, the Commons refused to grant supplies until certain rights and privileges of the subject, which they alleged had been violated, should have been solemnly recognised by a legislative enactment. With this view they framed a petition to the king, in which, after reciting various statutes by which their rights and privileges were recognized, they prayed the king 'that no man be compelled to make or yield any gift, loan, benevolence, tax, or suchlike charge, without common consent by Act of Parliament; that none be called upon to make answer so to do; that freemen be imprisoned or detained only by the law of the land, or by due process of law, and not by the king's special command, without any charge; that persons be not compelled to receive soldiers and mariners into their houses agai...
prior art
prior art : the processes, devices, and modes of achieving the end of an alleged invention that were known or knowable by due diligence before and at the date of the invention ;also : the knowledge or description of such processes, devices, or modes used chiefly in patent law ...
suppress
suppress 1 : to put down by authority or force 2 a : to keep secret b : to stop or prohibit the publication or revelation of 3 a : to exclude (illegally obtained evidence) from use at trial [ narcotics found in violation of the right against unreasonable search and seizure] b : to fail to disclose (material evidence favorable to a defendant) in violation of due process [accused the prosecution of ing evidence] compare brady material vi : to suppress evidence sup·press·ible adj sup·pres·sion [-pre-shən] n ...
selective incorporation
selective incorporation : a theory or doctrine of constitutional law that those rights guaranteed by the first eight amendments to the U.S. Constitution that are fundamental to and implicit in the concept of ordered liberty are incorporated into the Fourteenth Amendment's due process clause compare total incorporation ...
showup
showup : a presentation of a criminal defendant or arrestee individually to a witness for identification compare lineup NOTE: A showup identification may withstand a due process challenge when there is an emergency situation, when the presentation is accidental, or when otherwise the totality of the circumstances render it justifiable. ...
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