Also known as: due process · due diligence · due care
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
An amount owed or payable at a specified time or upon a specified event such as default. The obligation arises from contract terms and triggers remedies including acceleration or collection when unmet.
The constitutional requirement of fair legal procedures before the government may deprive a person of life, liberty, or property. It encompasses both procedural safeguards and substantive limits on arbitrary government action.
An amount owed or payable at a specified time or upon a specified event such as default. The obligation arises from contract terms and triggers remedies including acceleration or collection when unmet.
Select any source to read its text and confirm it supports the definition.
The constitutional requirement of fair legal procedures before the government may deprive a person of life, liberty, or property. It encompasses both procedural safeguards and substantive limits on arbitrary government action.
Select any source to read its text and confirm it supports the definition.
Proper, reasonable, or appropriate under the circumstances, as measured by an ordinary standard of care or regard.
Select any source to read its text and confirm it supports the definition.
Proper, reasonable, or appropriate under the circumstances, as measured by an ordinary standard of care or regard.
Each sense below has its own examples, sources, and questions.
Doris Duffy missed three monthly payments on her home loan from Dover Bank. The note contained an acceleration clause. The bank declared the full principal balance immediately due and began foreclosure proceedings.
Demetrius Douglas failed to pay the rent reserved in his lease by the due date. The landlord sued to recover the amount due. The court held that the tenant had breached the obligation to pay rent.
The mortgagee must show that the mortgagor defaulted by missing an installment or breaching a covenant. The mortgage or note must contain an acceleration clause. The mortgagee must exercise the right in good faith, and some jurisdictions require prior notice and a cure period.
Supporting sources
A tenant breaches the obligation to pay rent by failing to pay the amount reserved in the lease on or before the date the rent is due, unless the tenant is legally excused. The landlord may then recover the rent that is due.
Supporting sources
Dylan Duffy and Diego Duarte, an interracial couple, sought a marriage license in a state that prohibited their union. They argued the ban violated the Due Process Clause by infringing the fundamental right to marry. The court struck down the statute.
Dawson Steel employees challenged a state law banning interracial marriage. The Supreme Court held that the statute violated the Due Process Clause because the freedom to marry a person of another race is a fundamental right that the state cannot infringe.
Yes. The Due Process Clause protects the fundamental right to marry. State laws that ban interracial marriage infringe this right and are subject to strict scrutiny. The freedom to marry a person of another race resides with the individual and cannot be infringed by the state.
Supporting sources
Dorothy Daniels faced federal charges for an offense committed in one district. The government proposed trial in a distant district. The court selected the venue with due regard for the convenience of Daniels, victims, and witnesses.
Deborah Dunn served as agent for Desert Oil. She failed to discover a material contract term that a person of ordinary intelligence would have found with due care. The principal later sued for resulting losses.
…nominated the applicants to the Senate; that the Senate advised and consented to the appointments; that commissions in due form were signed by the President and the seal of the United States affixed by the Secretary of State; that the applicants had requested delivery of their commissions which request had not…