Also known as: due-process clause · DPC
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional provision that bars government from depriving persons of life, liberty, or property without fair procedures or substantive justification.
Diego Duarte, a resident of State Y, sued a Delaware corporation in State Y court after purchasing and using its product there. The corporation had directed sales agents into State Y and derived substantial revenue from those sales. The court upheld jurisdiction because the corporation's deliberate forum contacts made the suit consistent with fair play and substantial justice.
Darrell Duncan faced state prosecution after police seized evidence during an unlawful search of his home. The trial court admitted the evidence over objection. On appeal the court reversed because the Due Process Clause requires exclusion of unconstitutionally obtained evidence in state proceedings to deter misconduct.
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Destiny Davis and her same-sex spouse, married under State A law, sought federal tax benefits available only to opposite-sex couples. Federal law excluded their marriage from the statutory definition. The court held the exclusion violated the Fifth Amendment's Due Process Clause by imposing unequal burdens on state-recognized marriages without justification.
Damian Decker, a nonresident beneficiary of a common trust fund, received only publication notice of a state court accounting proceeding that could affect his interest. He challenged the judgment for lack of personal jurisdiction. The court held that due process requires notice reasonably calculated to inform known beneficiaries of the proceeding.
Daphne Doyle owned Grand Central Terminal and challenged New York City's landmark designation that barred construction of a fifty-story office tower above it. The city permitted continued operation of the terminal but denied the new development. The court upheld the regulation because it did not prevent the owner from earning a reasonable return on the property.
Delilah Duran and her same-sex partner, married in State B, sought a marriage license in State C after moving there. State C refused recognition and denied all marital benefits. The court held that the refusal violated the Fourteenth Amendment's Due Process Clause by denying a fundamental liberty interest in marriage on equal terms.
The Due Process Clause requires the state to prove its allegations by clear and convincing evidence rather than a mere preponderance.
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Punitive damages violate due process when they are grossly excessive in relation to the state's interests in punishment and deterrence.
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Yes. When the identity of a creditor is known or reasonably ascertainable, the Due Process Clause requires actual notice before claims may be barred.
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An evidentiary hearing with timely notice, confrontation of adverse witnesses, an opportunity to present evidence orally, and decision by an impartial decisionmaker based on the evidence presented is required.
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…her pregnancy. Appellant would discover this right in the concept of personal "liberty" embodied in the Fourteenth Amendment's Due Process Clause; or in personal, marital, familial, and sexual privacy said to be protected by the Bill of Rights or its penumbras, see Griswold v. Connecticut , 381 U.S. 479 (1965); Eisenstadt v.…