Adjudication - Due Process

Question 1

What are the three sources of protection for individuals?

Answer 1

1) Due Process - 14th and 5th
2) APA
3) Enabling Acts for Agencies

Question 2

What are the three steps to analyzing due process?

Answer 2

1) Did a government entity act?
2) Was it a property right or a liberty interest?
3) What process is required to protect due process?

Question 3

What 4 things does an individual have a right to under Due Process (goldberg v. kelly)?

Answer 3

1) Bring your own attorney;
2) Be informed why your property right was removed;
3) Make an oral presentation;
4) Right to cross-examination.

Question 4

What is the balancing test (goldberg v. Kelly)?

Answer 4

The costs to the individual vs the costs to state.

Question 5

What are the two ways a property right may be created (Reegents v. Roth)?

Answer 5

1) Statute;

2) Contract

Question 6

Is an explicit contractual provision required to create a contract right (Perry v. Sinderman)?

Answer 6

No. Although almost all the time it will require an explicit contractual provision to create a property interest, a property interest can be created without one. It is a rare exception though and requires a large amount of evidence to prove.

Question 7

What is the “bitter with the sweet” test found in Arnett v. Kennedy?

Answer 7

If a statute creates the property interest, it also provides the procedures for protection of that right. Thats all the person gets because they must take the bitter with the sweet.

Question 8

Wisconsin v. Consta. & Paul v. Davis

Is stigma enough to violate a persons liberty interest?

Answer 8

No. Stigma alone is not enough. There must be something more to prove a liberty interest violation.
Wisconsin restricted his ability to buy alcohol, which he had a legal right to do.
Paul was simply embarrassed and upset. But his legal rights were still intact.