Pg 27 Flashcards
When discussing notice and opportunity to be heard under the procedural due process clause, what are the three things that you need to talk about on an essay?
Court weighs these things:
– the importance of the private interest to the individual
– the risk of erroneous deprivation of an interest through the procedures used, and the likelihood that extra safeguards would reduce the risk of erroneous deprivation
– the magnitude of the government’s interest in avoiding the cost of a more elaborate process or other government concerns
What are different forms of process that can be given under procedural due process?
This can be anything from a full trial to being called to the principal’s office for a suspension.
How is the amount of process that a plaintiff is entitled to under procedural due process determined?
It depends on whether the government is depriving someone of life, liberty, or a property interests.
When must the opportunity to be heard come under procedural due process?
It can be before or after the deprivation of life, liberty, or property interest
What is the difference in procedural protection that is given to someone that is having their welfare benefits terminated as opposed to a kid that will be suspended from school?
– Welfare: there must be extensive procedural protection and a hearing before welfare benefits can be terminated
– school kid: minimal pre-suspension procedural protections are needed for school kids
What is the standard that is required for a state to confine someone who is mentally ill under procedural due process?
There must be clear and convincing evidence that the person is presently mentally ill and dangerous
What is the three factor test to determine if punitive damage awards are excessive enough to violate due process?
– The degree of reprehensibility of the conduct that was the basis of a civil suit
– disparity between the harm or potential harm suffered by the injured person and the punitive damages that were given
– difference between this remedy and civil penalties that are authorized in similar cases
Trial courts have trouble justifying punative awards that are more than nine times greater than the amount given for compensatory damages
What is the equal protection clause?
This governs all actions that classify individuals for different benefits or burdens under the law and guarantees everyone is given fair treatment regarding fundamental rights or eliminates distinctions based on impermissible criteria. You must look at the purpose of the legislative act and whether there is a sufficient degree of relationship between the government end and the class.
Doesn’t require that people be treated alike, but they cannot be treated differently on an arbitrary basis. Classifications are valid if they are rational regarding a legitimate government interest and rationally related to the achievement of the interest.
What is the major question to ask under the equal protection clause?
Whether the state is treating similarly situated individuals differently, and if so, whether that is permissible.
What are some different types of classifications that you’ll see under the equal protection clause?
Black/white, male/female, gay/straight
What is the difference between substantive due process and equal protection clause?
– SDP: deals with laws that burden the ability of all people to exercise a fundamental right – EPC: deals with laws that use a class that burdens the ability of that class to exercise a fundamental right
What are the two major types of discrimination under the equal protection clause?
- On its face/intentional discrimination
– as applied/discrimination in application
What is intentional discrimination or discrimination on its face as a type of discrimination under the equal protection clause?
Laws that by their own terms classify people for different treatments.
Ie: voting redistricting of an area with 25 sides (clearly trying to take out blacks). Must show through circumstantial evidence of the shape or direct evidence about legislative purpose that race was the dominant factor, but if the government explicitly uses race in a statute, then that appears on the face of the statute and there’s no need to look further.
What is involved in the type of discrimination under the equal protection clause that calls for discrimination in application or as applied?
These are facially neutral laws that either show no class or show a class that seems to be legitimate, but these laws disproportionately affect certain groups. This could happen by government officials administering the law in a way that applies it with different degrees of severity to different groups of people that are described by suspect traits. It’s necessary to show disparate impact and discriminatory intent.
I.e.: the police only enforce anti-littering laws against blacks
How can a law be underinclusive or overinclusive under the equal protection clause?
– underinclusive: the class includes a small number of people that fit the purpose of the state, but excludes some that are similarly situated – overinclusive: the class treats people in a similar way for those that have characteristics that are similar to the purpose of the law, but also more people that don’t have that characteristic
