FOLIO Ontology

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.