Chapter 3 part two - Chapter 3 Procedural Due Process 1...

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Chapter 3 Procedural Due Process 1. Notice of the proceeding 2. Opportunity to be heard 3. An impartial tribunal Requese- to remove self from involvement in case What right does judge have to control in the court room? Notice: Judgment against you for $10,000 and didn’t know about it o Never got notice of proceeding right o Never got chance to be heard Civil Classes o Defendant needs to be noticed- served upon defendant (law suit) o Plaintiff files complaint o Shows properly shows defendant has been served Summon: o You have been sued o File answer within 20 days o Or judgment will be made Plaintiff must send 10 days notice letter saying Clerk will automatically enter judgment against defendant before judgment made Lawsuit doesn’t have to be served upon personally upon being sued Adult family member resigning in a house hold Criminal Case When arrested and advised of charges An arraignment advised of charges o Opportunity to pled guilty/not guilty o Then mini trail before full blown trial To Be Heard To be present at trail/ hearing Right to participate at trail/hearing o But may not be there/not testify Don’t have to testify in criminal case Civil case- choose to be there, choose not to submit evidence Burden of Proof
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  • Fall '10
  • Boyce

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