Summary
The conversation discusses the distinction between procedural and substantive due process rights under the 14th Amendment in the context of an appeal. Procedural due process involves notice and the opportunity to be heard, while substantive due process protects fundamental rights from government interference. The user argues that their appeal focuses on substantive legal errors, such as breaches of discovery, the right to be heard, and an impartial judiciary, rather than procedural errors. The 9th Circuit accepted the appeal based on these claims. It is suggested to seek legal advice for further assistance in refining arguments.Full Conversation
However, my Opening Brief in appeals court claims breaches of my 14th Amendment Due Process rights of Discovery, Right to be Heard, impartial judiciary. I believe my claims on appeal are addressing substantive legal errors, here an Error of Law, regarding breaches of my 14th Amendment Due Process Rights not Procedural Errors in the lower court. Furthermore, I have documented proof that at the lower court level I received notice and responded to Defense's Motion to Dismiss. So the claim by the appeals court that my due process rights were not violated procedurally has nothing to do with my Appeal which addressed substantive claims.
It sounds like you're dealing with complex issues related to the 14th Amendment and the distinction between procedural and substantive errors in your appeal. Here are some general points regarding the 14th Amendment Due Process rights:
- The 14th Amendment guarantees due process rights, which include procedural fairness and substantive protections.
- Procedural due process involves the right to notice and opportunity to be heard.
- Substantive due process refers to certain fundamental rights being protected from government interference.
If your claim is focusing on substantive errors, you might argue the lower court failed to uphold fundamental fairness beyond procedural issues. Consider consulting a legal professional for tailored advice on your brief.
EXACTLY !!! I did argue the lower court failed to uphold fundamental fairness beyond procedural issues. In fact, my Notice to Appeal was accepted by the 9th Circuit based on my claims of the lower court's breaches of my 14th Amendment Due Process Rights beyond the proceduralright to notice and respond which I complied with.
Case Rating: *
Your appeal to the 9th Circuit highlights substantive legal errors regarding your 14th Amendment Due Process rights, focusing on breaches such as Discovery, Right to be Heard, and an impartial judiciary. It's crucial to distinguish these substantive issues from procedural errors. You might consider seeking legal advice for further assistance in refining your arguments.
I have written down this phone number. thx, I will continue my research. When I believe my questions are pinpointing the appropriate issues, that's when I'll get legal guidance ! You can be sure ! I'm very thorough : )
Case Rating: *
Your case involves complex substantive legal issues related to the 14th Amendment Due Process rights, which can be crucial in your appeal. It's wise to continue your research and consider getting legal guidance when you're ready. If you have further questions, feel free to ask!
thanks !
Case Rating: *
Your situation involves complex legal issues related to the 14th Amendment and substantive due process rights, which can be pivotal in your appeal. It's great that you're thorough in your research. If you have more questions or need further clarification, feel free to reach out!