fair hearing

Thesaurus

Noun

fair hearing - a hearing that is granted in extraordinary situations where the normal judicial process would be inadequate to secure due process because the person would be harmed or denied their rights before a judicial remedy became available (as in deportation or loss of welfare benefits)hearing - (law) a proceeding (usually by a court) where evidence is taken for the purpose of determining an issue of fact and reaching a decision based on that evidencelaw, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"

fair hearing

Fair Hearing

A judicial proceeding that is conducted in such a manner as to conform to fundamental concepts of justice and equality.

During a fair hearing, authority is exercised according to the principle of Due Process of Law. Fair hearing means that an individual will have an opportunity to present evidence to support his or her case and to discover what evidence exists against him or her.

In Criminal Law, when an individual is arrested, a fair hearing means the right to be notified of the charge being brought against him or her and the chance to meet that charge.

In order for a hearing to be fair and comply with due process requirements, it must be held before an impartial tribunal; however, a hearing can be unfair without any intention that it be that way. A fair hearing must provide a reasonable opportunity for an individual to be present at the designated time and place, during which time he or she may offer evidence, cross-examine opposition witnesses, and offer a defense. Formalities of a court action need not be strictly complied with in order for a proceeding to be considered a fair hearing.

A fair hearing is not necessarily a fair trial. The hearing might be an administrative one before the Immigration Board or the national labor relations board, for example, but fairness is still required.

Cross-references

Administrative Law and Procedure.

fair hearing

a human right or constitutional right akin to a FAIR TRIAL.

fair hearing

noun

Words related to fair hearing

noun a hearing that is granted in extraordinary situations where the normal judicial process would be inadequate to secure due process because the person would be harmed or denied their rights before a judicial remedy became available (as in deportation or loss of welfare benefits)

Related Words

hearing
law
jurisprudence