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 sup-
port his or her case and to discover what evi-
dence 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 reason-
able opportunity for an individual to be present
at the designated time and place, during which
time he or she may offer evidence, cross-exam-
ine 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 fair-
ness is still required.
CROSS-REFERENCES
