What is the test for the purpose of giving notice and opportunity to be heard in a civil case?

MultiRegion, United States of America

The following excerpt is from Sierra Club v. Watt, 608 F. Supp. 305 (E.D. Cal. 1985):

"A fundamental requirement of due process is `the opportunity to be heard' citation omitted ... at a meaningful time and in a meaningful manner." Armstrong v. Manzo, 380 U.S. 545, 552, 85 S.Ct. 1187, 1191, 14 L.Ed.2d 62 (1965). Implicated in this formulation of the standard is the further question of meaningful to what? The answer seems straightforward enough the hearing must be meaningful in terms of the threatened conduct. That is, if the conduct does not threaten the interest, due process does not require notice and an opportunity to be heard.37

Other Questions


How has the pleading standard been interpreted in civil civil cases in the context of civil civil litigation? (MultiRegion, United States of America)
Can a federal government official be held liable for civil damages in a civil case brought by a plaintiff who was not aware of the impact of the actions of a federal civil servant on her client's civil rights? (MultiRegion, United States of America)
Can a plaintiff in a civil case claim that they were denied notice and an opportunity to be heard below? (MultiRegion, United States of America)
What is the current state of the law on qualified immunity from civil damages for civil damages in a civil case brought by a former state department employee who was ordered to stop doing her job by mistake? (MultiRegion, United States of America)
Does Section 871(a) of the Criminal Code require a defendant to give notice of the charge under section 871 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
When does the Government have to give notice to an individual who owns property in a civil case? (MultiRegion, United States of America)
What is the test for whether a plaintiff in a civil case in the US Supreme Court has been found to be a defendant in a federal civil case? (MultiRegion, United States of America)
In a civil case brought by a plaintiff, who alleges that the county failed to properly train for the purpose of enforcing her civil rights, is a county liable for the violation of her constitutional rights? (MultiRegion, United States of America)
What is the defense of a plaintiff in a civil case arising under Section 1983 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
Is a plea of guilty in a civil case against a defendant who is also a defendant in the same civil case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.