HopefullyInLawSchool
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Simple English definitions for legal terms
process
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A quick definition of process:
A process is a legal way of telling someone that they have to go to court or that they are being sued. It can be a paper called a summons that tells the person they have to come to court, or it can be other legal documents that explain what the case is about. If someone says they didn't get the process, they can ask the court to make sure they get it. There are two types of due process, which means that everyone has the right to be treated fairly by the law: substantive due process and procedural due process.
A more thorough explanation:
Definition: Process refers to the legal procedures and methods used to notify a person of a legal proceeding or require them to appear in court.
There are different types of process:
- Legal process: This refers to the proceedings in a legal matter. It includes writs, warrants, mandates, or other processes issued by a court of justice. Examples of legal process include subpoenas, citations, and complaints.
- Service of process: This is the legal means by which a person is given notice of a legal proceeding or required to appear in court. For example, a plaintiff is required to issue a summons and serve papers to give the defendant proper process. Rule 4 governs the issuance of summons, while Rule 5 governs service of process.
- Due process: This refers to the constitutional guarantee that a person will receive fair treatment under the law. There are two types of due process: substantive due process and procedural due process. Substantive due process refers to the idea that certain rights are so fundamental that the government cannot infringe upon them. Procedural due process refers to the idea that a person is entitled to notice and a fair hearing before the government takes away their life, liberty, or property.
For example, if someone is being sued, they must be properly served with legal process. This means that they must receive a summons and complaint, as well as any other relevant documents. If they claim that they did not receive proper process, they can raise a motion before filing an answer. This ensures that everyone involved in a legal proceeding is given a fair chance to present their case.