Procedural DP

Question 1

The DPC of the 5th and 14th Amend. provide that the gov’t shall not _______

Answer 1

take a person’s life, liberty, or property w/o due process of law

Question 2

Due process requires at least an opportunity to ___ ____ to the proposed action to a fair, ____ decision maker.

Answer 2

present objections

neutral

Question 3

A deprivation of ___ occurs if a person:
Loses significant freedom of action; or
Is denied freedom provided by the constitution or a statute

Answer 3

Liberty

Question 4

A deprivation of ___ if a person has a legit ___ or ___ to the benefit being deprived

Answer 4

Property

Entitlement

Claim

Question 5

Deprivation of Public education, welfare benefits, and public employment are examples of ____

Answer 5

deprivation of property

Question 6

As held in Goldberg, due process requires an evidentiary hearing ___ termination.

Answer 6

before

Question 7

While all intentional governmental deprivations of life, liberty, or property require fair process, the court will weigh:

(I.V.G)

Answer 7

The importance of the individual interest involved;
The value of specific procedural safeguards to that interest; and
Governmental interest in fiscal and administrative efficiency

Question 8

T/F

There is no right to a videntiary hearing if you are an at-will employee or terminated w/o cause

Answer 8

True

Question 9

As held in Board or Regents v. Roth, person is not deprived of ____ or ____in violation of the 14th amendment when he is not hired or rehired for a government job but remains free to seek employment

Answer 9

liberty

property

Question 10

T/F

In the event of a disciplinary suspension, a formal evidentiary hearing is required

Answer 10

False

As held in Goss, hearing is not required, but DP usually requires notice of charges and an opportunity to explain

Question 11

To terminate parental rights, state must prove __ or ___ by a _____ standard

Answer 11

neglect

misconduct

clear and convincing evidence