Procedural Due Process

Question 1

Source

Answer 1

At federal level: 5th
At state: 14th

Question 2

General Rule

Answer 2

An individual has a right to fair process before gov deprives them of life, liberty, or property

Question 3

When is there a Deprivation

Answer 3

INTENTIONAL gov conduct

Question 4

Liberty

Answer 4

Physical freedom
Legal freedoms (from C or statute)
Does not include mere harm to reputation

Question 5

Property

Answer 5

Real or personal
Tangible or intangible
Some government benefits
—to which an individual has a reasonable expectation of continued receipt
—-ex. welfare benefits, public education, gov licenses, tenured and term employment

Question 6

Process

Answer 6

1) Notice
2) Hearing
3) Neutral desicionmaker

Question 7

Notice

Answer 7

Reasonably calculated to inform you

Question 8

Hearing

Answer 8

How much process you get depends on balancing test:
1) Importance of the interest to the individual PLUS
2) the value of specific procedural safeguards to that interest (risk of error)

AGAINST
3) gov interest in fiscal and admin efficiency (burden from using additional procedures)

Usually, hearings should be held PRIOR to the deprivation, unless it woudl be impracticable

Question 9

Neutral Desicionmaker

Answer 9

No actual bias or a SERIOUS RISK of actual bias

Gov provided