Due process

Question 1

procedural due process

Answer 1

a fair process (e.g., notice, hearings) is required for government to take or deprive a person’s life, liberty, or property; arises only if government acts to deprive an individual

Question 2

substantive due process

Answer 2

involves determination of whether government has adequate reasons for depriving life, liberty, or property

Question 3

economic rights test

Answer 3

rational basis (unless infringement falls under Contract Clause or Takings Clause)

Question 4

Contract Clause

Answer 4

states cannot impair existing contractual duties; applies only to state/local interference with existing contractual obligations

Question 5

Ex Post Facto clause

Answer 5

a law is an ex post facto law if it either:
1) criminally punishes conduct that was lawful when done
2) increases punishment for a crime after it has been committed
3) reduces burden required to convict a person for a crime after it has been committed

Question 6

bill of attainder

Answer 6

legislative acts that punish specific individuals or group members without a judicial trial; prohibited under Const

Question 7

Takings Clause

Answer 7

prohibits gov’t from taking private property without providing just compensation to owner/occupant

Question 8

types of takings

Answer 8

1) possessory
2) regulatory

Question 9

Possessory taking

Answer 9

gov’t takes or occupies physical property; gov’t may take private property for private development

Question 10

regulatory taking

Answer 10

gov’t action that adversely affects property value; whether taking occurs depends on extent of economic interference (denial of all value = taking; denial of almost all value = depends on social goals, diminution in value, and interference w/ owner’s investment expectations)