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.


Administrative Law and Procedure.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

fair hearing

a human right or constitutional right akin to a FAIR TRIAL.
Collins Dictionary of Law © W.J. Stewart, 2006
References in periodicals archive ?
The group further submitted that the ex-parte order made by the court has determined the fundamental right of the respondent/applicant without affording them a fair hearing.
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This Article examines the adaptability of due process through the lens of the most commonly used--and perhaps the most iconic--procedural safeguard in existence today: the right to a fair hearing. Since 1970, when the Supreme Court ruled in Goldberg v.
How can you not allow anybody a fair hearing? Everybody's entitled to a fair hearing, whatever you think of them, whatever you've seen.
Bin Hammam expressed his hope that he will receive a fair hearing when he appears before FIFA's ethics committee later this month.
Narayan for not following hospital policy, but that the doctor had the right to have a fair hearing. The trial court noted that the only issue before it was what damages, if any, resulted from the doctor not having the requested hearing.
The importance of minorities having a fair hearing and so on?
It said that the new regulatory system outlined in the Bill would not comply with the right to a fair hearing under Article 6 of the Convention.
2d 535, that stopped use of so-called "fair hearing" officers rather than independent Division of Administrative Hearing administrative law judges (ALJs).

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