Due process is a legal requirement that legal matters be resolved according to established rules and principles and that individuals be treated fairly. It is a course of legal proceedings according to rules and principles that have been established in a system of jurisprudence for the enforcement and protection of private rights. Due process applies to both civil and criminal cases. The concept of due process is associated with one of the fundamental guarantees of the United States Constitution, and it derives from early English common law and constitutional history.

Due process has two main components: procedural due process and substantive due process. Procedural due process concerns the procedures that the government must follow before it deprives an individual of life, liberty, or property. The key questions are: What procedures satisfy due process? And what constitutes “life, liberty, or property”? . Historically, due process ordinarily entailed a jury trial, but in the past two centuries, states have developed a variety of institutions and procedures for adjudicating disputes. Making room for these innovations, the Court has determined that due process requires, at a minimum: (1) notice; (2) an opportunity to be heard; and (3) an impartial tribunal.

Substantive due process, on the other hand, has been interpreted to include things such as the right to work in an ordinary kind of job, marry, and to raise ones children as a. It is a principle allowing courts to protect certain fundamental rights from government interference, even if procedural protections are present or the rights are not specifically mentioned elsewhere in the U.S. Constitution.

Due process is one of the most powerful ways to resolve a dispute with a school about your child’s education. It is a formal way to resolve disputes with a school about your child’s education, and it starts when you file a written complaint against the school. After you file the complaint, you and the school attend what’s called a resolution session, which is a meeting where both sides try to reach an agreement before going further. If no agreement is reached, there is a due process hearing, which is like a courtroom trial. Evidence is presented, and witnesses speak in front of a hearing officer who acts like a judge. The hearing officer makes a decision about your case, which can be challenged in court.