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Due process is the collection of rights outlined in the Bill of Rights and in decisions of the Supreme Court that define how citizens should be treated in our legal system. The most familiar of these individual rights are found in the Fifth Amendment but the Bill of Rights contains many rights that are part of due process. The... more »
A civil judgment is the final decision of a civil court at the end of a trial. The judgment is based upon the application of civil law to the pleadings and facts of the case. A civil judgment may be appealed by either party. more »
Nobody wins in an eviction. The occupant is thrown out of a home, the landlord has to be nasty and spend money on a legal process, the court has to settle an unpleasant dispute in which nobody's pleased with the result and the sheriff has to perform one of his least-liked duties. The truth is that eviction is used as a threat by... more »
Criminal justice denotes the policies involving law enforcement, including all legal measures designed to promote proper implementation, through impartial treatment, as intended by society. Essentially, criminal justice, in its strictest sense, means nothing more than "criminal (penal) law, the law of criminal procedure,"... more »
"You've been served" is not one of the most pleasant sentences in the English language, and usually indicates legal difficulties of some sort. If you've ever wondered who would want to be the person that gets to utter that sentence on a regular basis, read on to find out what a process server does, why they do it, and the importance... more »
Your rights as an employee depend in large part on what type of employee you are. You may be an at-will employee, a contract employee or a... more »
The Federal Rules of Evidence (FREs) are very complex. Prior to 1975, they were based on common law (case law). Beginning in 1965, the U.S.... more »
One of the last areas where free speech may be a true reality is the internet. Blogging places everyday citizens on a level playing field with... more »
The average person knows people who commit crimes are punished by being forced to spend time in jail. However, convicted felons lose more than... more »
If you have been found guilty of a crime and you feel that your criminal trial was not conducted according to the letter of the law, you can... more »
Due process alternatively due process of law or the process that is due, is the principle that the government must respect all of the legal rights that are owed to a person according to the law. Due process holds the government subservient to the law of the land, protecting individual persons from the state.
Due process has also been frequently interpreted as placing limitations on laws and legal proceedings, in order for judges instead of legislators to define and guarantee fundamental fairness, justice, and liberty. This interpretation has often proven controversial, and is analogous to the concepts of natural justice, and procedural justice used in various other jurisdictions. It is also stated that the government shall not be unfair to the people.
Development in common law
In England
In Chapter 39 of the Magna Carta, King John of England promised as follows: "No free man shall be taken or imprisoned or disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.""Magna"> Magna Carta itself immediately became part of the "law of the land", and Chapter 61 of that great charter authorized an elected body of twenty-five barons to determine by majority vote what redress the King must provide when the King offends "in any respect against any man.""Magna"/> Thus, Magna Carta established the rule of law in England by not only requiring the monarchy to obey the law of the land, but also limiting how the monarchy could change the law of the land. It should be noted, however, that in the thirteenth century these provisions may have been referring only to the rights of landowners, and not to ordinary peasantry or villagers.: "The question must be considered an open one; but much might be said in favour of the opinion that freeman as used in the Charter is synonymous with freeholder...."
read more at » http://en.wikipedia.org/wiki/Due+process
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