Procedural Due Process Flashcards

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1
Q

Procedural due process protects against:

A
  • deprivation of life, liberty, or property without the due process of the law
  • Where there is a deprivation of one’s “life,” “liberty,” or “property” interests, the individual is entitled to fundamentally fair procedural safeguards
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2
Q

What are procedural safe guards?

A
  1. some form of notice and
  2. a meaningful hearing within a reasonable time
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3
Q

Name the acts that invade Deprivation of Liberty interest

A
  • Freedom from bodily restraint
  • Physical punishment
  • Commitment to a mental institution
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4
Q

Name the acts that DO NOT invade a Deprivation of Liberty interest

A
  • Injury to reputation
  • Forced administration of medicine
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5
Q

What are property interests?

A
  1. Public education
  2. Public employment
    1. If employment contract says “tenure” or “for cause” = property interest
    2. If “at will” = no property interest
  3. Welfare benefits
  4. Driver’s license
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6
Q

Factors to determine what is adequate notice and adequate hearing

A

The court will balance:

  1. The importance of the protected interest
  2. Risk of error in depriving this interest
  3. burden on the gov’t to provide you with the procedure protection
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7
Q

Irrebuttable Presumptions

A

Violate procedural due process

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8
Q

The Due Process and EQ Clause of the 14th Amendment applies to?

A

“Persons,” not merely “citizens”

Corporations – they are considered a “person” (privilege against self-incrimination doesn’t apply to corps)

Aliens are considered “persons”

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