due process

/du prəˌsɛs/

/dʒu ˈprʌʊses/

Other forms: due processes

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

1. noun

   (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
   synonyms: due process of law

   types:

   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

   plea

   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

   foreclosure

   the legal proceedings initiated by a creditor to repossess the collateral for loan that is in default

   intervention

   (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

   procedure

   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

   adoption

   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)

   appeal

   (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

   reversal

   a judgment by a higher court that the judgment of a lower court was incorrect and should be set aside

   affirmation

   a judgment by a higher court that the judgment of a lower court was correct and should stand

   bankruptcy

   a legal process intended to insure equality among the creditors of a corporation declared to be insolvent

   receivership

   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)

   finding

   the decision of a court on issues of fact or law

   ouster

   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

   trial

   (law) the determination of a person's innocence or guilt by due process of law

   review

   (law) a judicial reexamination of the proceedings of a court (especially by an appellate court)

   entrapment

   a defense that claims the defendant would not have broken the law if not tricked into doing it by law enforcement officials

   hearing

   (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

   arraignment

   the act of calling someone before a court to be formally charged and to enter a plea

   type of:

   group action

   action taken by a group of people