#QUITVOLUNTEERING PAY ATTENTION!!! LOL...!!! Is it; "fair hearing" or "fair rearing"...!!!??? Black's Law 4th... FAIR REARING. One in which authority is fairly exercised; that is, consistently with the fundamental principles of justice embraced within the conception of due process of law. U. S. ex rel. Dean, for and on behalf of Mahfood, v. Reynolds, D.C.Ind., 2 F.Supp. 290, 291. A hearing before the immigration authorities is "fair" if conducted with due regard to those rights of the alien that are embraced in the phrase "due process of law". United States ex rel. Eng Fon Sing v. Reimer, D.C.N.Y., 30 F.Supp. 602, 604. Although rules of evidence and of procedure have not been strictly followed a hearing may be "fair." Ex parte Bridges, D.C.Cal., 49 F.Supp. 292, 306; U. S. ex rel. Shaw v. Van De Mark, D.C.N.Y., 3 F.Supp. 101, 102. Fair hearing of an alien's right to enter the United States means a hearing before the immigration officers in accordance with the fundamental principles that inhere in due process of law, and implies that alien shall not only have a fair opportunity to present evidence in his favor, but shall be apprised of the evidence against him, so that at the conclusion of the hearing he may be in a position to know all of the evidence on which the matter is to be decided; it being not enough that the immigration officials meant to be fair. Ex parte Petkos, D.C.Mass., 212 F. 275, 277. See, also, Ex parte Keisuki Sata, D.C.Cal., 215 F. 173, 176. The obligation of a local draft board to grant a registrant a "fair hearing" on matter of classification does not mean a trial by court or a trial in strict or formal sense. Rase v. United States, C.C.A.Mich., 129 F.2d 204, 210; Seele v. U. S., C.C.A.Mo., 133 F.2d 1015, 1022. The test of a "fair hearing" before the National Labor Relations Board is whether the issues were clearly defined, so that the employer could address itself to the charges made against it. National Labor Relations Board v. Air Associates, C.C.A.2, 121 F.2d 586, 591. Where students were charged with sale of examination papers and expelled, a "fair hearing" did not contemplate a trial as in a chancery court or court of law. State ex rel. Sherman v. Hyman, 180 Tenn. 99, 171 S.W.2d 822, 826.
Posted by El Hotepsekhemwy Pero at 2020-10-25 21:04:22 UTC