Due Process

Question 1

Due Process

Answer 1

The Due Process Clause of the 14th Amendment provides that the government shall not take a person’s life, liberty, or property without due process of law.

Question 2

Procedural due process

Answer 2

When government action adversely affects liberty or property interests, the court asks two questions in determining procedural due process: (1) is the threatened interest protected? (2) if the threatened interest is protected, what process is due to plaintiff?

Question 3

Property

Answer 3

Property interest involves more than an abstract need or desire for a benefit. There must be a legitimate claim or entitlement under state or federal law.

Question 4

Liberty

Answer 4

Liberty deprivation occurs when a person loses (1) physical freedom, (2) fundamental rights, or (3) choice.

Question 5

Substantive Due Process

Answer 5

The substantive due process clause guarantees the fairness of law and that laws will be reasonable and not arbitrary.