Procedural Due Process

Question 1

Is govt negligence sufficient to show procedural due process violation?

Answer 1

No, needs to be intentional or reckless govt action

Question 2

Deprivation of liberty includes: 2

Answer 2

Loss of significant freedom of action

Denial of freedom provided by constitution or statute

Question 3

Deprivation of property when it’s govt benefits, requires:

Answer 3

Reasonable expectation of continued receipt

Question 4

Three elements of procedural due process

Answer 4

Notice (reasonably calculated to inform person of deprivation)

Opportunity to be heard (balancing test of interest of individual versus costs/burden to govt)

Neutral decision maker (no actual bias or serious risk of such)

Question 5

You can waive your due process rights if the waiver is ____ and __ ______.

Answer 5

Voluntary; made knowingly