Broadly speaking, civil procedure consists of the rules by which courts conduct civil trials. "Civil trials" concern the judicial resolution of claims by one individual or class against another and are to be distinguished from "...
PROCEDURAL DUE PROCESS
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Introduction
The Constitution states only one command twice. The Fifth Amendment says to the federal government that no one shall be "deprived of life, liberty or property without due process of law." The Fourteenth Amendment, ratified in...
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Overview
The Fourteenth Amendment contains a number of important concepts, most famously state action, privileges & immunities, citizenship, due process, and equal protection—all of which are contained in Section One. However, the Fourteenth...
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In March 2001, Craig Humphries' fifteen-year-old daughter S.H. stole his car and drove from California to her mother's home in Utah. See Humphries v. County of Los Angeles, 554 F.3d 1170, 1180 (9th Cir. 2009). S.H. accused her father and stepmother,...
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8 U.S.C. § 1229(a) requires that noncitizens in removal proceedings be served with a notice to appear. Pereira v. Sessions at 2109. The receipt of this notice activates the stop-time rule, which prevents further accrual of time of continuous residence...
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Overview
Procedural due process refers to the constitutional requirement that when the federal government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must be given notice, the opportunity to be heard,...
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Substantive due process is the principle that the Fifth and Fourteenth Amendments protect fundamental rights from government interference. Specifically, the Fifth and Fourteenth Amendments prohibit the government from depriving any person of...