Substantive Due Process

Question 1

Case that first articulated SDP

Answer 1

Lochner

Question 2

When Can Punitive Damages Constitute Deprivation of Property w/o Due Process

Answer 2

Three Factors:

1) Degree of reprehensibility
2) Ratio of punitives to the actual harm
3) Other sanctions the state provided and compare the award to other sanctions awarded

Question 3

Substantive Due Process Definition

Answer 3

Principle which allows federal courts to protect certain rights deemed fundamental from government interference under the authority of the due process clauses of the Fifth and Fourteenth Amendments to the Constitution which prohibit the government of prohibiting anyone of life, liberty, or property without due process of law.