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LSDefine

Simple English definitions for legal terms

fair hearing

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A quick definition of fair hearing:

A fair hearing is a legal or administrative meeting where people can present their arguments and evidence to a decision-maker. It can be open to the public and may involve witnesses testifying. There are different types of hearings, such as custody hearings in family law or detention hearings in criminal law. The purpose of a fair hearing is to make a decision based on the facts and the law, while ensuring that everyone involved has a chance to be heard and treated fairly.

A more thorough explanation:

A fair hearing is a legal or administrative proceeding that is conducted in accordance with due process. It is a judicial session where issues of fact or law are decided, sometimes with witnesses testifying. The hearing is usually open to the public, and the affected person presents arguments to an agency decision-maker.

  • In a criminal case, a hearing is held to determine whether an accused should be released pending trial.
  • In a child-abuse and neglect proceeding, a hearing is held to determine whether the state has the right to intervene on behalf of the child.
  • In a juvenile-delinquency case, a hearing is held to determine whether the charges against the juvenile are true or not true.

These examples illustrate how a fair hearing is conducted in different legal contexts. In each case, the hearing is conducted in accordance with due process, and the affected person is given an opportunity to present their arguments and evidence.

fair dealing | fairly-debatable rule

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