PROCEDURAL DUE PROCESS

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Overview

Broadly speaking, civil procedure consists of the rules by which courts conduct civil trials. "Civil trials" concern the judicial resolution of claims by one individual or class against another and are to be distinguished from "criminal...

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Introduction

The Constitution states only one command twice. The Fifth Amendment says to the federal government that no one shall be "deprived of life, liberty or property without due process of law." The Fourteenth Amendment, ratified in...

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Overview

The Fourteenth Amendment contains a number of important concepts, most famously state action, privileges & immunities, citizenship, due process, and equal protection—all of which are contained in Section One. However, the Fourteenth...

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In March 2001, Craig Humphries' fifteen-year-old daughter S.H. stole his car and drove from California to her mother's home in Utah. See Humphries v. County of Los Angeles, 554 F.3d 1170, 1180 (9th Cir. 2009). S.H. accused her father and stepmother,...

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Overview

Procedural due process refers to the constitutional requirement that when the federal government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must be given notice, the opportunity to be heard,...

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Substantive due process is the notion that due process not only protects certain legal procedures, but also protects certain rights unrelated to procedure.

Many legal scholars argue that the words “due process” suggest a concern with procedure...