Individual Rights Flashcards
Wha tis procedural due process?
ensure necessary procedures are followed before depriving indvidual and other persons of life, liberty, or property
If public employee is fired for cause and there is a property interest, what process is due?
notice of termination
pre-termination opportunity to respond
and post termination evidentiary hearing
What is a person entitled to under procedural due process?
opportunity to be heard & notice
What are protected interest under procedural due process?
liberty (government restraint on their freedom or fundmental rights)
property (legitimate claim of entitlement like employment)
life
What process if due?
look to the three factors after a interest is at stake:
private interest affected
risk of erroneous deprivation and value of safeguards
governments interest including the burden of additional process
Can cour fees be waived for indigent person?
yes, if fees will deny a fundamental right
What is substantive due process?
process that is required when government infringes on a fundamental right or interest protected under constitution
What is strict scrutiny?
applied when fundamental right is at stake
BBOP on government to show law must be the least restrictive means to achieve a compelling government interest
Rational Basis
interest is not fundamental
BOP on challenger to show that the law is not rationally related to legitimate government interest
What are fundamental rights?
Right to travel (state to state, residency requireents)
Right to Vote
Right to privacy
What does equal protection clause do
discrimination against one group of people apply the three standard of review
What does the standards of review apply to for equal protection purposes?
SS: Suspect classification implicated - race, ethnicity, national orgin
IS: quasi suspect class like gender and legitimacy
RR: non suspect class like age, poverty, sexual orientation
What is standard of review for ordinary rights that are impaired?
rational basis
EX: if civil law retroactively impairs ordinary right it will be upheld if RB and BOP on challenger
Can states prohibit felons from voting?
yes, Section 2 of 14th amendment permits states to prohibit felons from voting even if unconditionally released
Do related person have right to live together?
Yes, it is fundamental right if infringed on must apply SS
What is exception to NOT giving someone notice or hearing before civil forfeiture?
Government may seize person property prior to giving notice and hearing if
significant government interst
interest would be frustrated by notice
seizure performed by government
When will public employees have protected property interest>
if they have an ongoing mployment contract, can be fired for cause, or revive assurances of continued employment
When can a judge violate due process?
if they fail to recuse themselves from a matter they have an interest in
Can the government deprive someone of procedural due process by seizing their property?
Yes in civil forfeiture actions (EX: seizing property that was alleged used for criminal activity)
When can a judge violate due process?
if they fail to recuse themselves from a matter they have an interest in
When will public employees have protected property interest>
if they have an ongoing mployment contract, can be fired for cause, or revive assurances of continued employment
Is there a fundmental right for parents to control their children upbringing?
Yes, the right to privacy
EX: parents have a right to choose to send their kids to private school.
Can states regulate their own elections?
yes, but depending on what type of restrictions depends on what standard of review is applied
What are types of ordinary state restrictions for elections?
nondiscriminatory examples: voter registration, Photo ID, disallowing write in vote
apply RB if it is being challenged
