Procedural Due Process: A Reference Guide to the United States Constitution
The author addresses the central requirements of notice and the opportunity to be heard as well as the day in court ideal. It also examines the protection due process affords against litigation in a distant forum with which the defendant has no connection. |
What people are saying - Write a review
We haven't found any reviews in the usual places.
Contents
| 21 | |
| 63 | |
The Form and Extent of Notice | 129 |
Due Process Limitations on the Binding Effect of Judgments | 163 |
Due Process Limitations on Personal Jurisdiction | 207 |
Due Process Limitations on Choice of Law | 263 |
BIBLIOGRAPHICAL ESSAY | 289 |
TABLE OF CASES | 325 |
INDEX | 351 |
Common terms and phrases
2d Cir 5th Cir absent class actual adequate administrative afforded appeal apply argued assertion authority Bank benefits bind bound cert challenge Choice of Law City Civil claim class action class members concluded conduct considered constitutional constitutionality contacts context Corp counsel decision declined defendant defendant's denied deprivation determine Due Process Clause effect Eldridge entitled evidence fact fair federal filed Fourteenth Amendment heard hearing held holding individual inmate interest involved issue judgment judicial jurisdiction Justice lack liberty interest limits litigation means minimum contacts notice opportunity parties personal jurisdiction plaintiff present prior prison procedural proceedings protected question reasonably recognized rejected rendered representative Rule Second seek Servs Shutts standard state's statute substantive sufficient suit Supp supra note Supreme Court tion United violated York
Popular passages
Page 159 - ... the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.
Page 41 - Without doubt, it denotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.
Page 66 - First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.
Page 132 - 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...
Page 119 - Even so, they are not of the very essence of a scheme of ordered liberty. To abolish them is not to violate a "principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental.
Page 92 - Certain principles have remained relatively immutable in our jurisprudence. One of these is that where governmental action seriously injures an individual, and the reasonableness of the action depends on fact findings, the evidence used to prove the Government's case must be disclosed to the individual so that he has an opportunity to show that it is untrue.
Page 120 - Brady v. Maryland, 373 US 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). In Brady the Supreme Court used the following language: "We now hold that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.
Page 209 - Since the adoption of the Fourteenth Amendment to the Federal Constitution, the validity of such judgments may be directly questioned, and their enforcement in the State resisted, on the ground that proceedings in a court of justice to determine the personal rights and obligations of parties over whom that court has no jurisdiction do not constitute due process of law.
Page 2 - Parliament that no man, of what estate or condition that he be, should be put out of his land or tenements, nor taken, nor imprisoned, nor disinherited, nor put to death, without being brought to answer by due process of law.
Page 124 - ... based on a timely and colorable claim (i) that he has not committed the alleged violation of the conditions upon which he is at liberty; or (ii) that, even if the violation is a matter of public record or is uncontested, there are substantial reasons which justified or mitigated the violation and make revocation inappropriate, and that the reasons are complex or otherwise difficult to develop or present.
Bibliographic information
| Title | Procedural Due Process: A Reference Guide to the United States Constitution Issue 8 of Reference guides to the United States Constitution |
| Author | Rhonda Wasserman |
| Publisher | Greenwood Publishing Group, 2004 |
| ISBN | 0313313539, 9780313313530 |
| Length | 377 pages |
| Subjects | › Law / Constitutional |
| Export Citation | BiBTeX EndNote RefMan |