What is due process in simple terms?

Due process is a requirement that legal matters be resolved according to established rules and principles, and that individuals be treated fairly. Due process applies to both civil and criminal matters.

What is meant by equal protection of law?

Overview. Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.

What is meant by due process of law?

The Due Process Clause guarantees “due process of law” before the government may deprive someone of “life, liberty, or property.” In other words, the Clause does not prohibit the government from depriving someone of “substantive” rights such as life, liberty, or property; it simply requires that the government follow …

What section is due process and equal protection?

The Fourteenth Amendment promises that all persons in the United States shall enjoy the “equal protection of the laws.” This means that they cannot be discriminated against without good reason.

What is the difference between the due process protections in the 5th Amendment and the due process protections in the 14th Amendment?

The most obvious difference between the two Due Process Clauses is that the Fifth Amendment clause as it binds the Federal Government coexists with other express provisions in the Bill of Rights guaranteeing fair procedure and non-arbitrary action, such as jury trials, grand jury indictments, and nonexcessive bail and …

What’s an example of due process?

Suppose, for example, state law gives students a right to a public education, but doesn’t say anything about discipline. Before the state could take that right away from a student, by expelling her for misbehavior, it would have to provide fair procedures, i.e. “due process.”

What is the difference between the Due Process Clause in the 5th Amendment and the Due Process Clause in the 14th Amendment?

What is an example of equal protection?

Laws that make distinctions based on race and burden both whites and blacks are also unconstitutional. For example, a state may not prohibit inter-racial marriages, or deny child custody to a couple because they are of different races.