due process

Due process is an American term for the correct way of legally dealing with an individual that does not violate his constitutionally guaranteed rights.

If you've watched any TV cop procedural you'll have heard the term due process, usually uttered by some weary homocide detective as he cuffs a felon. Something similar to due process was established by the Magna Carta in Britain as far back as 1215, but while American law derived from British law there is now no exact equivalent in British law, whereas the rights represented by due process are now enshrined in the US Constitution. Weary homicide detectives break it at their peril.

Definitions of due process

n (law) the administration of justice according to established rules and principles; based on the principle that a person cannot be deprived of life or liberty or property without appropriate legal procedures and safeguards

due process of law
Bakke decision
a ruling by the Supreme Court on affirmative action; the Court ruled in 1978 that medical schools are entitled to consider race as a factor in their admission policy
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legal proceeding, proceeding, proceedings
(law) the institution of a sequence of steps by which legal judgments are invoked
notification, presentment
an accusation of crime made by a grand jury on its own initiative
judgement, judgment, judicial decision
(law) the determination by a court of competent jurisdiction on matters submitted to it
dispossession, eviction, legal ouster
the expulsion of someone (such as a tenant) from the possession of land by process of law
an answer indicating why a suit should be dismissed
defence, defense, demurrer, denial
a defendant's answer or plea denying the truth of the charges against him
the legal proceedings initiated by a creditor to repossess the collateral for loan that is in default
(law) a proceeding that permits a person to enter into a lawsuit already in progress; admission of person not an original party to the suit so that person can protect some right or interest that is allegedly affected by the proceedings
a mode of conducting legal and parliamentary proceedings
action, action at law, legal action
a judicial proceeding brought by one party against another; one party prosecutes another for a wrong done or for protection of a right or for prevention of a wrong
case, causa, cause, lawsuit, suit
a comprehensive term for any proceeding in a court of law whereby an individual seeks a legal remedy
a legal proceeding that creates a parent-child relation between persons not related by blood; the adopted child is entitled to all privileges belonging to a natural child of the adoptive parents (including the right to inherit)
(law) a legal proceeding in which the appellant resorts to a higher court for the purpose of obtaining a review of a lower court decision and a reversal of the lower court's judgment or the granting of a new trial
a judgment by a higher court that the judgment of a lower court was incorrect and should be set aside
a judgment by a higher court that the judgment of a lower court was correct and should stand
a legal process intended to insure equality among the creditors of a corporation declared to be insolvent
a court action that places property under the control of a receiver during litigation so that it can be preserved for the benefit of all
judicial proceeding, litigation
a legal proceeding in a court; a judicial contest to determine and enforce legal rights
naturalisation, naturalization
the proceeding whereby a foreigner is granted citizenship
cognovit judgement, cognovit judgment, confession of judgement, confession of judgment
a judgment entered after a written confession by the debtor without the expense of ordinary legal proceedings
default judgement, default judgment, judgement by default, judgment by default
a judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)
non pros, non prosequitur
a judgment entered in favor of the defendant when the plaintiff has not continued his action (e.g., has not appeared in court)
final decision, final judgment
a judgment disposing of the case before the court; after the judgment (or an appeal from it) is rendered all that remains is to enforce the judgment
judgement in personam, judgment in personam, personal judgement, personal judgment
a judgment rendered against an individual (or corporation) for the payment of money damages
judgement in rem, judgment in rem
a judgment pronounced on the status of some particular subject or property or thing (as opposed to one pronounced on persons)
dismissal, judgement of dismissal, judgment of dismissal
a judgment disposing of the matter without a trial
judgement on the merits, judgment on the merits
judgment rendered through analysis and adjudication of the factual issues presented
judgement on the pleadings, judgment on the pleadings, summary judgement, summary judgment
a judgment rendered by the court prior to a verdict because no material issue of fact exists and one party or the other is entitled to a judgment as a matter of law
arbitrament, arbitration, arbitrement
the act of deciding as an arbiter; giving authoritative judgment
opinion, ruling
the reason for a court's judgment (as opposed to the decision itself)
the decision of a court on issues of fact or law
a wrongful dispossession
actual eviction
the physical ouster of a tenant from the leased premises; the tenant is relieved of any further duty to pay rent
retaliatory eviction
an eviction in reprisal for the tenant's good-faith complaints against the landlord; illegal in many states
(law) the determination of a person's innocence or guilt by due process of law
(law) a judicial reexamination of the proceedings of a court (especially by an appellate court)
a defense that claims the defendant would not have broken the law if not tricked into doing it by law enforcement officials
(law) a proceeding (usually by a court) where evidence is taken for the purpose of determining an issue of fact and reaching a decision based on that evidence
Type of:
group action
action taken by a group of people

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