procedural due process

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 of the state. 16 Am J2d Const L § 549. 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 determine the right involved. 2 Am J2d Admin L § 353.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • procedural due process — n: due process (1) Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • procedural due process — The guarantee of procedural fairness which flows from both the Fifth and Fourteenth Amendments due process clauses of the Constitution. For the guarantees of procedural due process to apply, it must first be shown that a deprivation of a… …   Black's law dictionary

  • procedural due process — noun Date: 1938 due process 1 …   New Collegiate Dictionary

  • Due process — is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it. When a government… …   Wikipedia

  • due process — n 1: a course of formal proceedings (as judicial proceedings) carried out regularly, fairly, and in accordance with established rules and principles – called also procedural due process; 2: a requirement that laws and regulations must be related… …   Law dictionary

  • due process — Legal proceedings carried out fairly and in accord with established rules and principles. Due process standards are sometimes referred to as either substantive or procedural. Substantive due process refers to a requirement that laws and… …   Universalium

  • due process of law — Law in its regular course of administration through courts of justice. Due process of law in each particular case means such an exercise of the powers of the government as the settled maxims of law permit and sanction, and under such safeguards… …   Black's law dictionary

  • due process — noun Date: 1791 1. a course of formal proceedings (as legal proceedings) carried out regularly and in accordance with established rules and principles called also procedural due process 2. a judicial requirement that enacted laws may not contain… …   New Collegiate Dictionary

  • due process of law — due process of law: due process Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. due process of law …   Law dictionary

  • due process, procedural — n. The guarantee of a fair civil procedure that follows the rules, including the right to be notified about a complaint or charge and the right to be heard in court. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc …   Law dictionary

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