What constitutes a full opportunity to present a defense at a hearing?

California, United States of America


The following excerpt is from Bank of America v. City of Long Beach, 124 Cal.Rptr. 256, 50 Cal.App.3d 882 (Cal. App. 1975):

Thus, the bank was denied the opportunity to present evidence on the only issue which the council had before it--whether the game was one of skill or chance. A full opportunity to present a defense is an essential ingredient of due process, especially when the heavy hand of government is about to deny to an individual the right to pursue an occupation. (Endler v. Schutzbank (1968) 68 Cal.2d 162, 172, 65 Cal.Rptr. 297, 436 P.2d 297.) What constitutes such an opportunity will vary according to the nature of the hearing involved. 'The contours of due process in this connection are not always the same.' (Endler v. Schutzbank, supra, at p. 170, 65 Cal.Rptr. at p. 303, 436 P.2d at p. 303.)

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