Procedural Due Process

Question 1

What are the requisites of procedural due process?

(Recall that procedural due process serves as a restriction on actions of judicial and quasi-judicial agencies of government.)

Answer 1

The requisites of procedural due process are:

(1) An impartial court or tribunal clothed with judicial power to hear and determine the matter before it.

(2) Jurisdiction must be lawfully acquired over the person of the defendant and over the property which is the subject matter of the proceeding.

(3) The defendant must be given an opportunity to be heard.

(4) Judgment must be rendered upon lawful hearing.