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Due Process and Fair Treatment

Due process is the Constitution's requirement that government act fairly and follow proper procedures before it takes away a person's life, liberty, or property. It applies to federal, state, and local governments and reaches courts, agencies, and officials. The Fifth and Fourteenth Amendments are the main sources, and courts decide how far the requirement goes.

People usually bring questions about what fair treatment means in a courtroom or before an agency. They ask how procedural protections differ from substantive ones, how due process differs from equal protection, and when the government may be sued. They also ask how rules of evidence, burdens of proof, and government takings fit within this idea.

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October 10last updated

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