Legal Definitions - due course of law

Due course of law refers to the process of legal proceedings that follow established rules and principles to protect and enforce private rights. It includes the right to notice and a fair hearing before a tribunal with the power to decide the case. Due course of law is also known as due process.

For example, if someone is accused of a crime, they have the right to be informed of the charges against them and to have a fair trial before a judge and jury. This ensures that the accused person is given a chance to defend themselves and that the legal process is fair and just.

There are different types of due process, including procedural due process and substantive due process. Procedural due process requires that the minimal requirements of notice and a hearing be guaranteed by the Due Process Clauses of the 5th and 14th Amendments, especially if the deprivation of a significant life, liberty, or property interest may occur. Substantive due process requires that legislation be fair and reasonable in content and further a legitimate governmental objective.

Overall, due course of law is an essential part of the legal system that ensures fairness and justice for all individuals involved in legal proceedings.