Paul Jones Mrs. Quinn G.A.L.R.E. December 6, 2010 Unit 3 Lesson 18 Reviewing and Using the Lesson 1. Explain the difference between procedural and substantive due process. Is one more important than the others? Substantive due process is an aspect of American jurisprudence under the Due Process Clause, involving substantive unenumerated rights. SDP is to be distinguished from procedural due process, which involves procedural unenumerated rights. The term "substantive due process", is commonly used in two ways: first to identify a particular line of case law, and second to signify a particular attitude toward judicial review under the Due Process Clause. 2. What are the major differences between the adversary and inquisitorial systems of justice? The adversarial system of law is the system of law that relies on the contest between each advocate representing his or her party's positions and involves an impartial person or group of people, usually a jury or judge, trying to determine the truth of the case. An inquisitorial system is a legal system where the court or a part of the court is actively involved in investigating the facts of the case 3. What is the relationship between substantive due process and fundamental rights? Fundamental rights are a generally-regarded set of entitlements in the context of a legal system, wherein such system is itself said to be based upon this same set of basic, fundamental, or inalienable entitlements or "rights." 4. What is the process of selective incorporation? The process by which certain of the guarantees expressed in the Bill of Rights become applicable to the states through the Fourteenth Amendment. 5. Has incorporation of the Bill of Rights in the states validates the fears of the Anti-Federalists regarding the power of the nation judiciary?