(Rules of) Procedure – the judicial rule or manner for carrying on a civil class suit or criminal prosecution:

l. A specific method or course of action.
2. The judicial rule or manner for carrying on a civil class suit or criminal prosecution. — aka rules of procedure.”

n. (14c.)

1. The proceedings in any action or prosecution <due process of law>.

2. A summons or writ, especially to appear or respond in court <service of process>. — aka judicial process; legal process. [1]

     Excerpt from Joseph Chitty’s A Practical Treatise on the Criminal Law:
     “Process is so denominated because it proceeds or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the writs or judicial means by which he is brought to answer. [2]  
    Excerpt from C.J.S.’s Process:
     “The term ‘process’ is not limited to ‘summons.’ In its broadest sense it is equivalent to, or synonymous with, ‘procedure,’ or ‘proceeding.’  Sometimes the term is also broadly defined as ‘the means whereby a court compels a compliance with its demands.’ 
    ‘Process’ and ‘writ’ or ‘writs’ are synonymous, in the sense that every writ is a process, and in a narrow sense of the term ‘process’ is limited to judicial writ in an action, or at least to writs or writings issued from or out of a court, under the seal thereof and returnable thereto; but it is not always necessary to construe the term so strictly as to limit it to a writ issued by a court in the exercise of its ordinary Jurisdiction. [3]
l. The regular and orderly progression of a lawsuit, including all acts and events between the time of commencement and the entry of judgment.
2. Any procedural means for seeking redress from a tribunal or agency.
3. An act or step that is part of a larger action.
4. The business conducted by a court or other official body; a hearing.
5. Bankruptcy. A particular dispute or matter arising within a pending case — as opposed to the case as a whole.
     Excerpt from Edwin E. Bryant’s The Law of Pleading Under the Codes of Civil Procedure:
    “‘Proceeding’ is a word much used to express the business done in courts.  A proceeding in court is an act done by the authority or direction of the court, express or implied.  It is more comprehensive than the word ‘action,’ but it may include in its general sense all the steps taken or measures adopted in the prosecution or defense of an action, including the pleadings and judgment.  As applied to actions, the term ‘proceeding”may include-

(1) the institution of the action;
(2) the appearance of the defendant;
(3) all ancillary or provisional steps, such as arrest, attachment of property, garnishment, injunction, writ of ne exeat;
(4) the pleadings;
(5) the taking of testimony before trial;
(6) all motions made in the action;
(7) the trial;
(8) the judgment;
(9) the execution;
(10) proceedings supplementary to execution, in code practice;
(11 ) the taking of the appeal or writ of error;
(12) the remittitur, or sending back of the record to the lower court from the appellate or reviewing court;
(13) the enforcement of the judgment, or a new trial, as may be directed by the court of last resort.

Due Process (of Law):

1. The conduct of legal proceedings according to established rules and principles for the protection and enforcement of private rights, including notice and the right to a fair hearing before a tribunal with the power to decide the case. – Also termed due process of law; due course of law.  See FUNDAMENTAL-FAIRNESS DOCTRINE.

    Excerpt from Alexander Hamilton’s Remarks on an Act for Regulating Elections (1787):

     “The words ‘due process’ have a precise technical import, and are only applicable to the process and proceedings of the courts of justice; they can never be referred to an act of legislature.”  [5]

     Excerpt from Murray’s Lessee v. Hoboken Land & Improvement Co. (1856):

     “The words, ‘due process of law,’ were undoubtedly intended to convey the same meaning as the words, ‘by the law of the land,’ in Magna Charta.” [6]

     Excerpt from Thomas M. Cooley’s A Treatise on the Constitutional Limitations(1868):

     “Due process of law in each particular case means, such an exertion of the powers of government as the settled maxims of law sanction, and under such safeguards for the protection of individual rights as those maxims prescribe for the class of cases to which the one in question belongs.” [7]

     Excerpt from Mullane v. Central Hanover Bank & Trust Co (1950):

     “An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections. . . a The notice must be of such nature as reasonably to convey the required information.” [8]

Types of Due Process:

Economic Substantive Due Process(1957) The doctrine that certain social policies, such as the freedom of contract or the right to enjoy property without interference by government regulation, exist in the Due Process Clause of the 14th Amendment, particularly in the words “liberty” and “property.”

Procedural Due Process(1934) The minimal requirements of notice and a hearing guaranteed by the Due Process Clauses of the 5th and 14th Amendments, especially if the deprivation of a significant life, liberty, or property interest may occur. * The Supreme Court has ruled that the fundamental guarantees of due process apply to children as well as to adults and that they apply in situations in which a juvenile may be deprived of liberty even though the juvenile proceedings may be labeled civil rather than criminal. In re Gault, 387 U.S. 1, 87 S. Ct. 1428 (1967).  In that case, the Court held that an accused child was entitled to notice of the charges, the privilege against self-incrimination, the right to confront wit~ nesses, and the right to summon witnesses on his or her own behalf. Justice Abe Fortas wrote the majority opinion in Gault, and Chief Justice Earl Warren pre, dicted that it would come to be called the “Magna Carta for juveniles.”

Substantive Due Process – (1933) The doctrine that the Due Process Clauses of the 5th and 14th Amendments require legislation to be fair and reasonable in content and to further a legitimate governmental objective.

     Excerpt from Christopher Wolfe’s The Rise Of Modern Judicial Review: From Constitutional Interpretation to Judge-Made Law (1986):

     “The doctrine of substantive due process is so called because the inquiry focuses not on the legal procedure by which one is convicted and punished (deprived of life, liberty, or property) for violating the law, but rather on the law itself and whether a person may legitimately be required to obey such a law. One typical formulation of this doctrine is that it forbids government to deprive a person of life, liberty, or property ‘arbitrarily,’ that is, without sufficient grounds to do so. The origins of substantive due process are embedded in two phenomena of the traditional era. First, there was a strand of judicial review -based not on the Constitution, but on principles of natural justice; this . . . was a minority position and a deviation from the main principles of the era. Second, there were a number of cases, primarily in state courts, that were rooted in an analysis of the intrinsic requirements of ‘law.’ These two phenomena were united especially in their orientation toward property rights.[9]

Due Process Clause:

(1890) Constitutional law. The constitutional provision that prohibits the government from unfairly or arbitrarily depriving a person of life, liberty, or property. * There are two Due Process Clauses in the US. Constitution, one in the 5th Amendment applying to the federal government, and one in the 14th Amendment applying to the states (although the 5th Amendment’s Due Process Clause also applies to the states under the incorporation doctrine).”

Due-Process Rights:

(1930) The rights (as to life, liberty, and property) so fundamentally important as to require compliance with due-process standards of fairness and justice.


[1]: All definitions from: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: 1 Joseph Chitty, A Practical Treatise on the Criminal Law 338 (2d ed. 1826)

[3]: 72 C.J.S. Process 5 2, at 589 (1987). 

[4]: Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 34 (2d ed. 1899).

[5]: Alexander Hamilton, Remarks on an Act for Regulating Elections, New York Assembly, 6 Feb. 1787, in 4 Papers of Alexander Hamilton 34, 35 (Harold C. Syrett ed., 1962).

[6]: Murray’s Lessee v. Hoboken Land & Improvement Co., 59 U.S. (18 How.) 272, 276 (1856).

[7]: Thomas M. Cooley, A Treatise on the Constitutional Limitations 356 (1868). ‘

[8]: Mullane v. Central Hanover Bank & Trust Co., 339 U.S.. 306, 314, 70 S.Ct. 652, 657 (1950).

[9]: Christopher Wolfe, The Rise Of Modern Judicial Review: From Constitutional Interpretation to Judge-Made Law 145 (1986).


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Notice: Wild Willpower does not condone the actions of Maximilian Robespierre, however the above quote is excellent!

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