Questions tagged [due-process]
The due-process tag has no usage guidance.
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Would the holding of assets in a UTMA account when the beneficiary wants to withdraw them be considered a deprivation of property?
The Due Process Clause of the Fourteenth Amendment says,
nor shall any State deprive any person of life, liberty, or property, without due process of law.
The Uniform Transfers to Minors Act (UTMA) ...
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What constitutional limit, if any, exists on disciplinary actions imposed in non-criminal cases?
In Ingraham v. Wight, the US Supreme Court ruled that the Eighth Amendment's prohibition on cruel and unusual punishment does not apply in non-criminal cases. Due process is still required, but the ...
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Was Hunter Biden's legal team legally required to publicly disclose his proposed plea agreement?
On June 20, 2023, Hunter Biden's legal team publicly announced a proposed plea agreement to plead guilty to certain criminal charges. On July 26, a federal judge rejected the proposed arrangement.
Was ...
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How (and how come) are US state/federal prosecutors allowed to seal indictments?
I have recently heard Tara Reade (who had accused US president Joseph Biden of sexual attack several decades ago) say, that there has been a sealed indictment against her, for the past 3 years (2020-...
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U.S. Law: Why would evidence be viewed in the light most favorable to prosecution?
Firstly, I'm requesting that persons focus on the question in the title of this post. Please do focus on that. I think for a rational trier of fact to view the evidence in the light most favorable to ...
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Overcoming a presumption of guilt
Give the legal adage "innocent until proven guilty", would a requirement by the state to overcome a presumption of guilt only by signing, under penalty of perjury, a "declaration of non-...
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Could the U.S. Federal government constitutionally enact laws that duplicate the de facto regional differences caused by circuit splits?
Circuit splits have the effect of treating people in America differently with regards to the law depending on where they live, due to differing interpretations of the same statute. Some of these ...
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Can a person be fired, banned and evicted (etc.) without a court order?
It seems like a lot of "punishments" can be applied to a person without having to go to court. For example a person can be banned from private or public property for any or no reason. I've ...
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Can an improper prosecution defeat the double jeopardy rule?
If a case is brought under let's say murder and it is deemed the incorrect law to have charged the defendant with. Let's say due to an incompetent DA if the defendant is found not guilty because of ...
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Can US Congress/government bar a specific foreign country's persons (individuals or firms) from due process clause?
I wanted to ask whether US Congress/government can bar a specific foreign country's persons (individuals or firms) from the due process clause if the US government provided substantial evidence in a ...
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Tax refund offset due process
What due process is there in federal refund offset? For instance, if a state contacts the IRS claiming that someone owes them a debt, will the IRS just take their word for it and deduct the amount ...
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Process server attempted to serve me at old address
I moved roughly a year ago. My business and my drivers license were both updated to reflect my new address.
However, the new occupant of my home told me that on Sunday - someone attempted to serve me ...
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Is there a situation where someone can be sanctioned without trial?
Given a person commits an obvious infraction1 of a law B and this law has a sentence established by a legal statute that does not consider jury consultations possible, is there some legal framework to ...
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Is there any other jurisdiction where a government-devised scheme similar to civil forfeiture for crime prevention exist other than the U.S.?
In the U.S., many states adopted laws that allow law enforcement to appropriate property that is liquid or easily liquidated (in practice predominantly cash) not only in cases where past criminal ...
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Why is the defendant presumed guilty in traffic court?
This article says, "When it's your word against the police officer's [regarding a failure to stop at a stop sign], the person with the badge usually wins." It seems like the officer should ...
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