Procedural Due Process

Question 1

The government may not deprive a person of which of the following without due process of law:

A. Life.
B. Property.
C. The pursuit of happiness.
D. Liberty.
 E. A, B, and D.

Answer 1

E. A, B, and D.

Question 2

________ _________ are generally afforded the highest level of procedural due process available.

Answer 2

Criminal defendants

Question 3

_________ ______ are generally afforded the lowest level of procedural due process available.

Answer 3

Convicted prisoners

Question 4

The first question that must be asked in any procedural due process case is:

Answer 4

Whether the government is depriving someone of a protected interest

Question 5

Are prospective interests enough to meet procedural due process requirement?

Answer 5

No, must be an interest that the person already has. Not a prospective interest.

Question 6

How much procedure is required (Mathews Test)

Answer 6

First, the court must identify the interest being deprived by the government and the harm that the individual will suffer by that deprivation. Next, the court must consider the risk of error created by the government’s chosen procedures and the potential value of utilizing additional safeguards. And finally, the court must look at the burdens and administrative costs the government will face if required to provide additional safeguards, as well as weigh the government’s interest in efficiency.