Gavel in the context of "Mallet"

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⭐ Core Definition: Gavel

A gavel is a small ceremonial mallet/hammer commonly made of hardwood, typically fashioned with a handle. It can be used to call for attention or to punctuate rulings and proclamations and is a symbol of the authority and right to act officially in the capacity of a presiding officer. It is often struck against a sound block, a striking surface typically also made of hardwood, to enhance its sounding qualities. It is primarily used in live auctions.

According to tradition, Vice President of the United States John Adams used a gavel as a call to order in the first U.S. Senate in New York in 1789. Since then, it has remained customary to tap the gavel against a lectern or desk to indicate the opening and closing of proceedings and, in the United States, to indicate that a judge's decision is final. Usage differs between cultures, but it is also generally used to keep the meeting itself calm and orderly.

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Gavel in the context of Due process of law

Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law.

Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically or mentally. The term is not used in contemporary English law, but two similar concepts are natural justice, which generally applies only to decisions of administrative agencies and some types of private bodies like trade unions, and the British constitutional concept of the rule of law as articulated by A. V. Dicey and others. However, neither concept lines up perfectly with the American theory of due process, which, as explained below, presently contains many implied rights not found in either ancient or modern concepts of due process in England.

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