Legal Definitions - fair hearing

A fair hearing is a legal or administrative proceeding that is conducted in accordance with due process. It is a judicial session where issues of fact or law are decided, sometimes with witnesses testifying. The hearing is usually open to the public, and the affected person presents arguments to an agency decision-maker.

• In a criminal case, a hearing is held to determine whether an accused should be released pending trial.
• In a child-abuse and neglect proceeding, a hearing is held to determine whether the state has the right to intervene on behalf of the child.
• In a juvenile-delinquency case, a hearing is held to determine whether the charges against the juvenile are true or not true.

These examples illustrate how a fair hearing is conducted in different legal contexts. In each case, the hearing is conducted in accordance with due process, and the affected person is given an opportunity to present their arguments and evidence.