fair hearing


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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.
References in periodicals archive ?
Section 1396r-5(e)(2)(B) provides that the community, spouse has a right to a fair hearing if there is exceptional hardship that justifies a higher figure.
Eamon Tyrrell: "I didn't get a fair hearing the first time"
The group claims in the last few days at least 15 people who attended the centre to report and sign in were immediately deported without a fair hearing.
hold fair hearings and give the next nominee a fair up or down vote.
But the offence was diluted to one of "improper behaviour" by the FA's disciplinary committee and Campbell (right) said: "I was given a fair hearing and I'm happy with the decision they have made.
But there is a world of difference between ensuring individuals have a fair hearing and wheeling out the equivalent of Perry Mason irrespective of the merits of the case.
Australian batsman Dave Lovell, 30, who had a 199 batting average while playing for his Lamphey team last season, claims Pembroke County Cricket Club did not give him a fair hearing.
Animal welfare groups claimed they were not getting a fair hearing from MSPs.
At the very least, this new organizational structure should give taxpayers more confidence that they will receive a fair hearing to resolve their tax problems.
Stevens said the "right to respond to an inaccurate or misleading argument is surely a bedrock procedural element of a full and fair hearing.
Taxpayers are urged to use care in strictly complying with the new requirements of the Tax Commission to avoid jeopardizing valuable rights to an administrative fair hearing for tax review.

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