Procedural Due Process

Question 1

Due process of law consists of what?

Answer 1

1) notice; and 2) a hearing.

Question 2

Is negligent deprivation of rights a violation of Due Process?

Answer 2

No, only intentional deprivation of rights is a violation of due process.

Question 3

A deprivation of liberty occurs when a person . . .

Answer 3

1) loses significant freedom of action; or 2) is denied a freedom provided by the Constitution or a statute.

Question 4

For one to be deprived of “property,” one must show what?

Answer 4

that they have a legitimate claim or entitlement to the property in question.

Question 5

How does a court determine the type and extent of required procedures are necessary?

Answer 5

The court weighs: 1) the importance of the interest to the individual; and 2) the value of specific procedural safeguards to that interest; against 3) the government interest in fiscal and administrative efficiency.

Question 6

Can due process rights be waived?

Answer 6

Yes, so long as they are waived voluntarily and knowingly.

Question 7

When must court fees be waived?

Answer 7

where the imposition of such fees would prevent access to the courts.