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Flashcards in Procedural Due Process Deck (8)
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Procedural due process protects against:

  • 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 


What are procedural safe guards?

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


Name the acts that invade Deprivation of Liberty interest

  • Freedom from bodily restraint

  • Physical punishment

  • Commitment to a mental institution 


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

  • Injury to reputation

  • Forced administration of medicine


What are property interests?

  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


Factors to determine what is adequate notice and adequate hearing

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


Irrebuttable Presumptions

Violate procedural due process


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

"Persons," not merely "citizens"

Corporations -- they are considered a "person" (privilege against self-incrimination doesn't apply to corps)

Aliens are considered "persons"