Legal Definitions - process

In a legal context, the term process generally refers to the formal steps, documents, or procedures involved in a legal action, or the constitutional guarantee of fairness in legal proceedings. It can encompass several distinct but related meanings:

• Formal Legal Documents or Actions: This refers to official documents or directives issued by a court or legal authority that initiate or compel action in a legal matter. These can include orders, warrants, or subpoenas.
• Service of Process: This specifically refers to the formal legal method by which a party to a lawsuit is officially notified of the legal action against them and given an opportunity to respond or appear in court. It ensures that all parties are properly informed.
• Due Process: This is a constitutional principle, guaranteed by the Fifth and Fourteenth Amendments, ensuring that the government must respect all legal rights owed to a person. It has two main aspects: procedural due process (fairness of the procedures used by the government) and substantive due process (fairness of the laws themselves).

Here are some examples illustrating the different uses of "process":

• Example 1 (Formal Legal Documents): A judge issues a subpoena, which is a type of legal process, compelling a witness to appear in court and provide testimony in a criminal trial.

  Explanation: The subpoena is a formal legal document issued by the court that legally requires an individual to perform a specific action (testify), demonstrating its role as a formal legal directive or "process."

• Example 2 (Service of Process): A landlord files an eviction lawsuit against a tenant. A professional process server delivers the summons and complaint to the tenant's apartment, thereby completing the service of process.

  Explanation: "Service of process" in this context refers to the legally mandated procedure of formally notifying the tenant about the lawsuit. This ensures the tenant is aware of the legal action and has the opportunity to respond in court.

• Example 3 (Due Process): Before a state government can seize a citizen's property for public use, it must provide the owner with fair notice and an opportunity to be heard in court regarding the compensation offered. This adherence to fair procedures is an example of ensuring procedural due process.

  Explanation: This scenario illustrates the constitutional requirement that the government must follow fair and established procedures (notice, hearing) before depriving an individual of their property rights, which is a fundamental aspect of procedural due process.