Requirements of Due Process Flashcards
Mathews v. Eldridge Balancing Test:
1) The Private Interest that will be affected;
2) The Risk of Erroneous Deprivation of Private Interest though the procedures used, and the probable value of addition or substitute procedural safeguards;
3) The government’s interest, including the function involved and the monetary and administrative burdens that the additional safeguards would cause.
Is the Eldridge or Goldberg test more widely used?
The Eldridge test is the most common test. Although Goldberg has never been overruled, it is never used anymore.
According to Goss v. Lopez, what rights do students have prior to suspension?
The student does not have the right to a full adversarial hearing prior to suspension, however, they must have the following:
1) Oral or Written Explanation of charges (also known as notice);
2) Explanation of Evidence;
3) Right to present evidence on own behalf.
Under Ingram v. Wright, what must occur before the student could be subjected to corporal punishment?
The common law remedies provided are adequate post-punishment, so no prior hearing was required.
What are the exceptions to the right to have a neutral decision maker?
There are none. Due Process requires a neutral decision maker.
Under Tuney v. Ohio, can a judge be paid from the fines he give out?
No. A judge cannot be paid from the fines he gives out because he would not be neutral and impartial in his decisions.
When can the money from fines go into the budget that the decision maker has an interest in under Ward v. Village of Monroeville?
If the money goes into the budget from the fines the decision maker gives, whether or not this is acceptable depends on the amount of the budget that relies on the fines. The court has stated that 1% of the budget was acceptable. However 30-50% is not acceptable.
When the FTC commissioner made comments regarding the defendant in a current FTC investigation, prior to the decision in Cinderella v. FTC, what does the court hold must be done to avoid prejudgement?
The FTC had made prejudicial comments about Cinderella during a press conference. The ALJ dismissed all charges against Cinderella, then the FTC reinstituted the charges. The court determined that Cinderella had the right to a neutral decision maker and the Commissioner should have been removed from the case.
Under Withrow v. Larkin, can a board both do the investigation and do the adjudication of the case?
The Court held that although the Board does both the investigation and the adjudication, this does not automatically make the board biased against him. The court will start at the belief that the board/decision maker is not biased. It is the challenger’s burden to prove that they were biased.
Is it easier to prove the decision maker had a pecuniary interest in the outcome or that the decision maker had prejudged teh case?
It is much easier to prove the decision maker had a pecuniary interest in the outcome rather than they had prejudged the case.
What is the standard to prove a judge is biased?
The Objective standard –> also known as the reasonable person standard.
Under Caperton v. A.T. Massey, does the case have to be pending before the judge when the donation to a judges campaign occurs to prove the judge is biased?
The case must be current and pending before the judge. It cannot be a possible or future case. Without a current pending case, the individual does not have an actual, personal interest in the outcome.
