Procedural Due Process

Question 1

Property

Answer 1

In addition to land and personal belongings, includes any EXISTING ENTITLEMENT, to a specific benefit under federal or state law for which there is a LEGITIMATE EXPECTATION that, that benefit continue.

Question 2

Liberty

Answer 2

In addition to freedom from bodily harm or physical restraint “liberty” includes that freedom to exercise fundamental rights that have been impaired by INTENTIONAL government action.

Question 3

Process Due

Answer 3

Notice, Fair Hearing, Unbiased Decision Maker

Question 4

Required Type and Timing of Procedure

Answer 4

Mathews Three Part Test: importance of the interest to the plaintiff: ability of additional procedures to increase the accuracy of fact-finding AGAINST the government’s interest in administrative accuracy and cost.