![]() While legislatures often overrule an area of common law by enacting a statute, and while courts often overrule an area of common law by refusing to follow it further or by handing down a decision which makes use of a competing principle, the common law carries with it the force of law and is generally binding on courts within that jurisdiction. The common law is that body of rules and principles developed through the courts over time. The two sources of law are statutory law and common law. Most Due Process issues involve state laws. ![]() The Due Process Clause of the Fifth Amendment applies to the federal government. The Fourteenth Amendment reads, in part, that no state shall “deprive any person of life, liberty, or property, without due process of law.” This applies to the states and to local governments.
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