Due Process Claim

Identification

IRI 📋

https://folio.openlegalstandard.org/RfP04tDTTpn4LDvwAxAqkh

Label (rdfs)

Due Process Claim

Preferred Label

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Definition and Examples

Definition

A due process claim is a legal action initiated by an individual or entity alleging that their right to due process, as protected by the Fifth and Fourteenth Amendments of the United States Constitution, has been violated by the government or a government actor. Due process refers to the legal requirement that the government must respect and uphold the legal rights of individuals when carrying out actions that may affect their life, liberty, or property. A due process claim can arise in two contexts: procedural due process and substantive due process. Procedural due process claims involve allegations that the government has failed to provide adequate notice, a fair hearing, or other procedural safeguards before depriving an individual of their rights. Substantive due process claims, on the other hand, involve allegations that the government has infringed on fundamental rights or acted arbitrarily, even if proper procedures were followed.

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Translations

Class Relationships

Sub Class Of

• 5th Amendment Claim
• 14th Amendment Claim

Parent Class Of

• Procedural Due Process Claim
• Liberty Clause Claim
• Substantive Due Process Claim

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Additional Information

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Notes

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Deprecated

False

Metadata

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