fair hearing


Also found in: Dictionary, Thesaurus, Wikipedia.

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 ?
If we'd had a fair hearing, that wouldn't have been the result.
Kelly that welfare recipients must be given notice and an opportunity to be heard at a fair hearing prior to termination of their benefits, (27) the right to a fair hearing has served as the central element of due process when an individual's eligibility for public benefits is at issue.
THE COURT OF APPEALS OF MICHIGAN AFFIRMED THE ORDER OF THE TRIAL COURT THAT DR NARAYAN WAS ENTITLED TO A HEARING The court agreed with the doctor's contention that he was entitled to a fair hearing both as to the suspension and also as to the conditions imposed on his privileges, once the period of the initial suspension had passed.
Even when one is dealing with an alleged terrorist, account has to be taken of any fair legal system that he or she is an alleged terrorist and insofar as any procedure exists, as it does, in this country and in other countries, to determine whether it is appropriate to detain somebody, to keep them in prison and behind bars, the Convention requires that there should be a fair hearing.
We are clear that if the Bill is passed as it stands, it will only be a matter of time before the European Court of Human Rights finds a violation of a member's right to a fair hearing.
So when your editor laments the unavailability of the fair hearing process, she is lamenting the inability of disabled Floridians to have their legal rights adjudicated by nonlawyers, albeit at a lower cost to the executive, both from the standpoint of resources and outcomes.
Amnesty called on Barrot to enforce EU-wide guidelines to ensure refugees get a fair hearing and are provided with adequate housing, food and clothing.
Thai foreign ministry spokesman Tharit Charungvat said in a statement yesterday that Bout "shall be entitled to due process and fair hearing under the law of Thailand".
I AM so glad the victims of abuse in Scots care homes are at last getting a fair hearing.
A source close to Branson said: "Sir Richard wants to ensure the McCanns get the best legal advice and a fair hearing.
Bush said Monday beleaguered World Bank President Paul Wolfowitz should stay in his job and be given a fair hearing.

Full browser ?