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Procedural Due Process
Procedural due process is a legal doctrine in the United States that requires government officials to follow fair procedures before depriving a person of life, liberty, or property. When the government seeks to deprive a person of one of those interests, procedural due process requires at least for the government to afford the person notice, an opportunity to be heard, and a decision made by a neutral decisionmaker. Procedural due process is required by the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi .... The article "Some Kind of Hearing" written by Judge Henry Friendly created a list of basic due process rights "that remains highly influential, as to both content and relative priori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrine
A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be Case law, equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Cogitationis poenam nemo patitur'' * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine? " ''Northwestern University ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Life
Life, also known as biota, refers to matter that has biological processes, such as Cell signaling, signaling and self-sustaining processes. It is defined descriptively by the capacity for homeostasis, Structure#Biological, organisation, metabolism, Cell growth, growth, adaptation, response to stimulus (physiology), stimuli, and reproduction. All life over time eventually reaches a state of death, and none is Immortality, immortal. Many philosophical definitions of living systems have been proposed, such as self-organizing systems. Viruses in particular make definition difficult as they replicate only in Host (biology), host cells. Life exists all over the Earth in air, water, and soil, with many ecosystems forming the biosphere. Some of these are harsh environments occupied only by extremophiles. Life has been studied since ancient times, with theories such as Empedocles's materialism asserting that it was composed of Classical element, four eternal elements, and Aristotle's ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Liberty
Liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. The concept of liberty can vary depending on perspective and context. In the Constitutional law of the United States, ordered liberty means creating a balanced society where individuals have the freedom to act without unnecessary interference ( negative liberty) and access to opportunities and resources to pursue their goals ( positive liberty), all within a fair legal system. Sometimes liberty is differentiated from freedom by using the word "freedom" primarily, if not exclusively, to mean the ability to do as one wills and what one has the power to do; and using the word "liberty" to mean the absence of arbitrary restraints, taking into account the rights of all involved. In this sense, the exercise of liberty is subject to capability and limited by the rights of others. Thus liberty entails the responsible use of freedom und ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, rent, sell, exchange, transfer, give away, or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted Property rights (economics), property rights. In economics and political economy, there are three broad forms of property: private property, public property, and collective property (or ''cooperative propert''y). Property may be jointly owned by more than one party equally or unequally, or according to simple or complex agreements; to distinguish ownership and easement from rent, there is an expectation that each party's will with regard to the property be clearly defined and unconditional ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process Clause
A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due process of law. The U.S. Supreme Court interprets these clauses to guarantee a variety of protections: procedural due process (in civil and criminal proceedings); substantive due process (a guarantee of some fundamental rights); a prohibition against vague laws; incorporation of the Bill of Rights to state governments; and equal protection under the laws of the federal government. Text The clause in the Fifth Amendment to the United States Constitution provides: The clause in Section One of the Fourteenth Amendment to the United States Constitution provides: Background Clause 39 of Magna Carta provided: The phrase "due process of law" first appeared in a statutory rendition of Magna Carta in 1354 during the reign of Edward III of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on United States constitutional criminal procedure, criminal procedures. It was ratified, along with nine other amendments, in 1791 as part of the United States Bill of Rights, Bill of Rights. The Supreme Court of the United States, Supreme Court has extended most, but not all, rights of the Fifth Amendment to the state and local levels. This means that neither the federal, state, nor local governments may deny people rights protected by the Fifth Amendment. The Court furthered most protections of this amendment through the Due Process Clause of the Fourteenth Amendment to the United States Constitution, Fourteenth Amendment. One provision of the Fifth Amendment requires that most felony, felonies be tried only upon indictment#United States, indictment by a Grand juries in the United States, grand jury, which the Court ruled does not app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses Citizenship of the United States, citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting Freedman#United States, freed slaves following the American Civil War, and its passage was bitterly contested. States of the defeated Confederate States of America, Confederacy were required to ratify it to regain representation in United States Congress, Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court of the United States, Supreme Court decisions, such as ''Brown v. Board of Education'' (1954; prohibiting Racial segregation in the United States, racial segregation in State school#United St ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
US Constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ( Article I); the executive, consisting of the president and subordinate officers ( Article II); and the judicial, consisting of the Supreme Court and other federal courts ( Article III). Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry Friendly
Henry Jacob Friendly (July 3, 1903 – March 11, 1986) was an American jurist who served as a United States federal judge, federal circuit judge on the United States Court of Appeals for the Second Circuit from 1959 to 1986, and as the court's Chief judge (United States), chief judge from 1971 to 1973. Friendly was one of the most prominent U.S. judges of the 20th century, and his opinions are some of the most cited in federal jurisprudence. Early life Friendly was born in Elmira, New York, on July 3, 1903, the only child of a middle class German Jewish, German-Jewish family. He was descended from Southern Germany, Southern German dairy farmers in Wittelshofen, Bavaria, that had adopted the surname of ''Freundlich''. Josef Myer Freundlich (1803–1880), Friendly's great-grandfather, was a prosperous farmer whose estate burned down in 1831; after being denied help by his neighbors because he was Jewish, Josef grew affluent from livestock dealing. Heinrich Freundlich, Friendly's gr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
University Of Pennsylvania Law Review
The ''University of Pennsylvania Law Review'', formerly known as the ''American Law Register'', is a law review published by an organization of second and third year J.D. students at the University of Pennsylvania Law School. It is the oldest law journal in the United States, having been published continuously since 1852. Currently, seven issues are published each year with the last issue traditionally featuring papers from symposia held by the review each year. It is one of the four law reviews responsible for publication of the '' Bluebook''. It is one of seven official scholarly journals at the University of Pennsylvania Law School, and was the third most cited law journal in the world in 2006. In addition to the print edition, the ''University of Pennsylvania Law Review'' also publishes the ''University of Pennsylvania Law Review Online'', formerly named ''PENNumbra'', an online supplement, which publishes debates, essays, case notes, and responses to articles that appeared in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Information Institute
The Legal Information Institute (LII) is a non-profit public service of Cornell Law School that provides no-cost access to current American and international legal research sources online. Founded in 1992 by Peter Martin and Tom Bruce, LII was the first law site developed on the internet. LII electronically publishes on the Web the U.S. Code, U.S. Supreme Court opinions, Uniform Commercial Code, the US Code of Federal Regulations, several Federal Rules, and a variety of other American primary law materials.. LII also provides access to other national and international sources, such as treaties and United Nations materials. According to its website, the LII serves over 40 million unique visitors per year. Since its inception, the Legal Information Institute has inspired others around the world to develop namesake operations. These services are part of the Free Access to Law Movement. History LII was established in 1992 at Cornell Law School by Peter Martin and Tom ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
