Procedural Due Process Flashcards
Removing welfare benefits: Notice and hearing?
PRIOR notice and evidentiary hearing
Removing Social Security Benefits
post-termination hearing
student disciplined by private school
Corporal punishment?
notice of charges, chance to explain no trial-like hearing.
NO due process for corporal punishment
taking parent’s right to custody from child
prior notice and evidentiary hearing
American citizen held as enemy combatant
given due process
Punitive Damages
instructions to jury and judicial review
seizing property used for illegal activities from an innocent person
that is fine
Public employment
Property interest IF there is a practice or mutual understanding that an employee can be terminated only FOR CAUSE.
Prior notice and opportunity to respond, SUBSEQUENT evidentiary hearing
What is a bill of attainder?
a law that directly punishes a specific person without a trial