Due process

Question 1

What is required for a procedural due process claim?

Answer 1

Is their a liberty or property interest?

Or life interest but that is pretty easy

Question 2

Liberty interests

Answer 2

Exist inherently & can also be created by state law

Question 3

Property interests

Answer 3

Require entitlement, usually the creation of state law

Question 4

entitlement

Answer 4

a benefit that a person reasonably expects to continue to receive

Question 5

PDP analysis

Answer 5

1. Do they have a liberty or property interests? (Regents v Ross)
2. Mathews test: Private interest/ risk of erroneous deprevation/ the governments interest

Question 6

Takings Clause

Answer 6

Takings are a violation of due process unless there is a public use and just compensation

Question 7

The three types of takings

Answer 7

• Title: the gov’t takes title
• Per se: physical invasion/ deprivation of all economic value or commercial use
• Regulatory: if you regulate the property too much

Question 8

Limits for punitive damages

Answer 8

10 to 1 is probably the limit. punitive
damages can be 10x actual damages, otherwise violation of due process, though court has
never definitively said.

Question 9

Penn Central Balencing test for takings

Answer 9

The taking will be constitutional if:
1. the burdens and benefits are widespread and
2. could have been anticipated

Ledewitz knew his historic home came with restrictions when he bought it.

Question 10

What type of travel is not a fundemental right?

Answer 10

The right to travel to foreign countries

Question 11

What are the three parts to the right to travel?

Answer 11

• Right to travel around/be a tourist
• right to relocate to a new state
• Right to work outside your state of residence

Question 12

Why was Lawrence overturned?

Answer 12

upholding traditional morality is not a legitimate interest & doesn’t satisfy rational basis review. (no fundemental rights decision)