Procedural Due Process (5th)

Question 1

Procedural DPC

Answer 1

Adq. procedures before taking life, liberty, property

Liberty: freedom provided by Const/Staute

Property: entitlement (reas. exp. to continue receiving a benefit) not fulfilled

Taking: Gov’t action w/ intent or reckless (ER: shock conscience)

Question 2

Taking - What Procedures Required

Answer 2

balance (1) Ind. Int., (2) Gov’t Int., (3) ability of add. procedures to increase accuracy of fact finding

-Welfare, Custody Term, Pre-Jdg. Seizure: notice + hearing
-SS: post-term hearing
-School Discipline: notice + opp to explain
Punitive Damages: jury instruction + jud review of reasonableness

Question 3

Takings Clause

Answer 3

Gov’t may take private property for public use w/ just compensation (loss to owner)

Question 4

Takings Clause - Taking

Answer 4

Possessory
Regulatory: no econ. viable use left

• Can come to
• Temp is not a taking
• Dev’t Cond’s must be roughly proportional to burden or a taking

Question 5

Takings Clause - Public Use

Answer 5

broad: reasonable belief the public will benefit

Question 6

Contracts Clause

Answer 6

State Gov’t can’t interfere with existing K rights unless:

• Gov’t K: SS (not budget)
• Private K: reasonably + narrowly tailored to legit. important gov’t interest

Question 7

Ex Post Facto Law

Answer 7

Retroactive liability

• Criminal: SS
• Civil: RBR