Due process

While due process is most often associated with the U.S. Constitution, it is also used in American state and local law, as well as in other countries, especially those under common law. It can be summarized as an assumption that judicial and quasi-judicial procedures must operate within legal codes and with fairness.

One well-known checklist was developed by Judge Henry Friendly:

1. An unbiased tribunal.
2. Notice of the proposed action and the grounds asserted for it.
3. Opportunity to present reasons why the proposed action should not be taken.
4. The right to present evidence, including the right to call witnesses.
5. The right to know opposing evidence.
6. The right to cross-examine adverse witnesses.
7. A decision based exclusively on the evidence presented.
8. Opportunity to be represented by counsel.
9. Requirement that the tribunal prepare a record of the evidence presented.
10. Requirement that the tribunal prepare written findings of fact and reasons for its decision.