DP & EP

Question 1

Procedural DP

Answer 1

A person has the right to a fair process when the government intentionally or recklessly deprives them of life, liberty or property.

Rooted in: 5th and 14th amendments

Question 2

PDP Requirements

Answer 2

1. Notice that is reasonably calculated to inform the person of the deprivation
2. An opportunity to be heard
3. Neutral decision-maker

Question 3

Type of Hearing Required

Answer 3

Balancing test:
1. Importance of the interest to the individual
2. Risk of error of current procedures/value of additional procedures
3. Burden of additional procedures on gov

Question 4

Property Rights

Answer 4

Personal and real property + government benefits to which there is an entitlement (a reasonable expectation of continued receipt)

Examples: welfare benefits, public education, government licenses, tenured/term gov employment

Question 5

PDP for commitment

Answer 5

Adults: prior notice, prior evidentiary hearing

Children: prior screening by neutral factfinder

Question 6

PDP for welfare benefits, termination of parental custody

Answer 6

Prior notice and prior evidentiary hearing

Question 7

PDP for disability benefits, gov employment

Answer 7

Prior notice, opportunity to respond, subsequent evidentiary hearing

Question 8

Substantive DP

Answer 8

Guarantees that laws will be reasonable and not arbitrary.

Rooted in: 5th and 14th amendments

Question 9

Discriminatory Classification

Answer 9

A law can be discriminatory if:
1. Discriminatory on its face
2. Discriminatory as applied (with evidence of discriminatory intent)
3. Disparate impact (with evidence of discriminatory intent)

Question 10

Gender Classifications

Answer 10

for death benefits - invalid
for peremptory strikes - invalid
for alimony - invalid
for minimum drinking age - invalid
for statutory rape laws - valid
-for draft - valid
-for proving parentage for citizenship - valid