Procedural Due Process

Question 1

Where is Procedural Due Process Found in the Constitution?

Answer 1

(1) 5th Amendment (federal)

2) 14th Amendment (states

Question 2

Procedural Due Process

Answer 2

Ensures necessary procedures are followed before depriving one of LIFE, LIBERTY, or PROPERTY

Question 3

What Does Procedural Due Process Typically Consist Of?

Answer 3

(1) Notice

(2) Opportunity to be heard

Question 4

Intentional Government Act

Answer 4

Mere negligence does not trigger due process

Question 5

Protected Interests: Liberty

Answer 5

Look for significant governmental restraint on:

(1) One’s physical freedom;
(2) Fundamental rights; or
(3) Freedom of choice/action

Question 6

Protected Interests: Property

Answer 6

There must be LEGITIMATE ENTITLEMENT by:

(1) Statute;
(2) Employment contract or
(3) Custom

Question 7

Factors Balanced to Determine How Much Due Process is Necessary

Answer 7

(1) Private interest affected
(2) Value of the procedure in protecting that interest
(3) Government’s interest in efficiency and cost