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Notice and Opportunity To Be Heard

Due process is a fundamental right that protects individuals from the arbitrary deprivation of life, liberty, or property by the government. It requires fair procedures, including notice and an opportunity to be heard, before the government can deprive someone of those important interests. There are two types of due process: substantive due process, which requires that laws limiting individual rights have a valid public purpose, and procedural due process, which requires fair procedures like notice and a hearing before the government can take an action affecting protected interests. The key requirements of procedural due process are (1) adequate notice of the proposed action and (2) a meaningful opportunity to be heard at a meaningful time.

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Kaye Kiikai Onahon
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44 views1 page

Notice and Opportunity To Be Heard

Due process is a fundamental right that protects individuals from the arbitrary deprivation of life, liberty, or property by the government. It requires fair procedures, including notice and an opportunity to be heard, before the government can deprive someone of those important interests. There are two types of due process: substantive due process, which requires that laws limiting individual rights have a valid public purpose, and procedural due process, which requires fair procedures like notice and a hearing before the government can take an action affecting protected interests. The key requirements of procedural due process are (1) adequate notice of the proposed action and (2) a meaningful opportunity to be heard at a meaningful time.

Uploaded by

Kaye Kiikai Onahon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any
person be denied the equal protection of the laws.

WHAT IS DUE PROCESS?


Due process is a law which hears before it condemns, which proceeds upon inquiry and renders judgment
only after trial (Per Daniel Webster in the DARTMOUTH COLLEGE CASE)

Notice and opportunity to be heard

> The idea that laws and legal proceedings must be fair
> Principle that the government must respect all of a person's legal rights instead of just some or most of
those legal rights when the government deprives a person of life, liberty, or property

Kinds of Due Process:


a. substantive due process—requires the intrinsic validity of the law in interfering with the rights of
the person to life, liberty or property. In short, it is to determine whether it has a valid governmental
objective like for the interest of the public as against mere particular class.
b. Procedural due process—one which hears before it condemns as pointed out by Daniel
Webster.

Requisites:

1. There must be an impartial court or tribunal clothed with judicial power to hear and decide the
matter before it;

2. Jurisdiction must be lawfully acquired over the person of the defendant or over the property
subject of the proceedings;

3. The defendant must be given the opportunity to be heard;

4. Judgment must be rendered only after lawful hearing.

Requirements of Due Process

(1) Notice. “An elementary and fundamental requirement of due process in any proceeding which is to be
accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties
of the pendency of the action and afford them an opportunity to present their objections.” 754This may
include an obligation, upon learning that an attempt at notice has failed, to take “reasonable followup
measures” that may be available.755 In addition, notice must be sufficient to enable the recipient to
determine what is being proposed and what he must do to prevent the deprivation of his
interest.756 Ordinarily, service of the notice must be reasonably structured to assure that the person to
whom it is directed receives it.757 Such notice, however, need not describe the legal procedures necessary
to protect one’s interest if such procedures are otherwise set out in published, generally available public
sources.758

(2) Hearing. “[S]ome form of hearing is required before an individual is finally deprived of a property [or
liberty] interest.”759 This right is a “basic aspect of the duty of government to follow a fair process of decision
making when it acts to deprive a person of his possessions. The purpose of this requirement is not only to
ensure abstract fair play to the individual. Its purpose, more particularly, is to protect his use and
possession of property from arbitrary encroachment . . . .”760 Thus, the notice of hearing and the opportunity
to be heard “must be granted at a meaningful time and in a meaningful manner.”761

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