Legal Definitions - regular process

Regular process refers to the legally established and prescribed steps, procedures, and formalities that must be followed in any legal or administrative action. It ensures that all parties receive fair treatment and that decisions are made in accordance with the law, preventing arbitrary or unlawful actions. Essentially, it means adhering to the "rules of the game" as set out by statutes, regulations, and court rules.

• Example 1: Criminal Arrest and Prosecution

  When law enforcement officers arrest an individual suspected of a crime, they must follow a regular process. This includes having probable cause for the arrest, informing the suspect of their Miranda rights (such as the right to remain silent and the right to an attorney), booking them into custody, and bringing them before a judge for an arraignment within a specified timeframe. If the case proceeds to trial, the prosecution must present evidence according to established rules, and the defense must have an opportunity to cross-examine witnesses and present their own case.

  This example illustrates regular process because each step—from probable cause and Miranda warnings to arraignment and trial procedures—is a legally mandated requirement designed to protect the accused's rights and ensure a fair and lawful criminal proceeding.

• Example 2: Civil Eviction Proceedings

  If a landlord wishes to evict a tenant for non-payment of rent, they cannot simply change the locks or remove the tenant's belongings. Instead, they must follow a regular process. This typically involves providing the tenant with a formal written notice to pay rent or vacate the premises within a specific number of days, as required by state or local law. If the tenant fails to comply, the landlord must then file an eviction lawsuit (often called an "unlawful detainer" action) with the court, properly serve the tenant with the summons and complaint, and attend a court hearing where both parties can present their arguments. Only after obtaining a court order for eviction can the landlord proceed with a legal lockout, usually involving a sheriff or other authorized official.

  This demonstrates regular process because the requirement for written notice, filing a lawsuit, proper service of documents, and a court hearing are all legally mandated steps that ensure the tenant receives due process and the eviction is carried out lawfully, rather than arbitrarily.

• Example 3: Professional License Revocation

  Suppose a state medical board receives a complaint alleging serious misconduct by a licensed physician. Before the board can revoke the doctor's medical license, it must adhere to a regular process. This would typically involve formally notifying the doctor of the specific allegations against them, providing an opportunity for the doctor to respond in writing, conducting an administrative hearing where the doctor can present evidence and cross-examine witnesses, and allowing for an appeal of the board's decision to a higher administrative body or a court.

  This scenario highlights regular process because the notice of allegations, opportunity to respond, formal hearing, and right to appeal are all components of the established legal framework that ensure the doctor receives due process and a fair chance to defend their license before a significant professional consequence is imposed.