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 of the U.S. Constitution contains a number of important concepts, most famously state action, privileges or immunities, citizenship, due process, and equal protection—all of which are contained in Section...
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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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The U.S. Constitution requires that federal and state governments abide by certain procedures to protect the essential interests of all citizens. The Fifth and the Fourteenth Amendments of the U.S. Constitution guarantee due process to all...
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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...