Dictionary of Law
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due process of law :: legal definition


Due process of law - n. a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts. All legal procedures set by statute and court practice, including notice of rights, must be followed for each individual so that no prejudicial or unequal treatment will result. While somewhat indefinite, the term can be gauged by its aim to safeguard both private and public rights against unfairness. The universal guarantee of due process is in the Fifth Amendment to the U.S. Constitution, which provides "No person shall:be deprived of life, liberty, or property, without due process of law," and is applied to all states by the 14th Amendment. From this basic principle flows many legal decisions determining both procedural and substantive rights.


Related Law Terms

abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize.
administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
American Bar Association :: n. the largest organization of American lawyers, w ... go, IL 60611; tel.: (312) 988-5522.
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law.
civil procedure :: n. the complex and often confusing body of rules a ... l civil action civil code civil law
civil rights :: n. those rights guaranteed by the Bill of Rights, ... ill of Rights civil civil liberties
color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket.
common-law marriage :: n. an agreement between a man and woman to live to ... a marriage. See also: cohabitation
confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights
dower :: n. an old English common law right of a widow to o ... t and distribution widow's election
equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand
exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
legal advertising :: n. 1) notices of probate sales and other documents ... quality of the lawyers advertising.
legal separation :: n. a court-decreed right to live apart, with the r ... n is rarely used. See also: divorce
Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta.
marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities.
martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law
M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys.
possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts.
retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto
self-executing :: adj. immediately effective without further action, ... party the right to try to collect.
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
substantive law :: n. law which establishes principles and creates an ... are conducted. See also: procedure
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - D

D.A. :: n. slang for District Attorney. ... n. slang for District Attorney.
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
D.U.I. :: n. short for driving under the influence of alcoho ... ing under the influence of alcohol.
D.W.I. :: n. 1) short for driving while intoxicated. 2) abbr ... for dying without issue (children).
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
dangerous :: adj. unsafe, hazardous, fraught with risk. It can ... eapon's range. See also: negligence
dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment.
date rape :: n. forcible sexual intercourse by a male acquainta ... physical resistance. See also: rape
day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket."
de facto :: adj. Latin for "in fact." Often used in place of " ... ave not been met. See also: de jure
de facto corporation :: n. a company which operates as if it were a corpor ... also: de facto de jure ultra vires
de jure :: adj. Latin for "lawful," as distinguished from de ... also: de facto de jure corporation
de jure corporation :: n. a corporation in good standing under the law, a ... also: de facto corporation de jure
de minimis :: adj. (dee-minnie-miss) Latin for "of minimum impor ... deal, a $10 mistake is de minimis.
de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo
deadly weapon :: n. any weapon which can kill. This includes not on ... See also: assault dangerous weapon
dealer :: n. anyone who buys goods or property for the purpo ... ins taxes by buying other property.
death penalty :: n. the sentence of execution for murder and some o ... rder and some other capital crimes.
death row :: n. nickname for that portion of a prison in which ... o: capital punishment death penalty
debenture :: n. a form of bond certificate issued by a corporat ... n shares of stock or general bonds.