Which of the following best describes procedural due process?

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Procedural due process refers to the legal requirement that the state must respect all legal rights owed to a person. It ensures that individuals are given a fair and impartial process before they are deprived of life, liberty, or property. This concept is rooted in the fundamental principles of fairness and justice, requiring that before any governmental action that could potentially harm an individual’s rights, there must be proper notice of the action and a chance for the individual to respond or contest the action in a fair hearing.

In this context, the correct choice highlights that the government must provide notice and an opportunity to be heard, which aligns directly with the principles of procedural due process. This means that any legal proceeding must follow certain procedures to ensure fairness, allowing individuals to defend their interests.

The other options, while related to individual rights and protections, do not specifically address the core principle of procedural due process. Protection from cruel and unusual punishments focuses on the Eighth Amendment. The right to keep personal property deals more with property rights than with the process before deprivation. The prevention of law enforcement overreach pertains more to the limits of governmental power rather than the processes involved in legal proceedings. Thus, the essence of procedural due process is best captured by the requirement for notice and an opportunity

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