Legal Definitions - due course of law

Due course of law refers to the fundamental principle that all government actions affecting an individual's life, liberty, or property must follow established legal procedures and be fair. It ensures that individuals receive proper notice of any charges or actions against them, have an opportunity to present their side, and are treated impartially according to the law. This concept is essentially synonymous with "due process of law," emphasizing the right to fair treatment and legal protections when the government acts.

Here are some examples illustrating the application of due course of law:

• Imagine a situation where a city government decides to demolish a private building because it has been deemed unsafe. Under the principle of due course of law, the city cannot simply send a demolition crew without warning. Instead, the property owner must first receive formal notice of the city's intent, be informed of the specific reasons why the building is considered unsafe, and be given a reasonable opportunity to challenge the decision or rectify the issues before any demolition can occur. This ensures the owner has a fair chance to protect their property rights.

• Consider a professional, such as an accountant, who is accused of violating ethical standards by their state licensing board. The board cannot immediately revoke their license. The accountant is entitled to due course of law, meaning they must be formally notified of the specific allegations, provided with the evidence against them, and given an opportunity to present their defense, often through a hearing with legal representation. This process ensures the professional has a fair chance to respond to the accusations before their livelihood is impacted.

• Suppose a state government wants to take a portion of private land to build a new highway. While the government generally has the power of eminent domain (the right to take private property for public use), it must follow due course of law. This means the landowner must receive proper notice of the government's intention, be offered fair compensation for their property, and have the opportunity to challenge the valuation or the necessity of the taking in court. The government cannot simply seize the land without these procedural safeguards.