Procedural Due Process Flashcards Preview

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Flashcards in Procedural Due Process Deck (8)
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1

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 

2

What are procedural safe guards?

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

3

Name the acts that invade Deprivation of Liberty interest

  • Freedom from bodily restraint

  • Physical punishment

  • Commitment to a mental institution 

4

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

  • Injury to reputation

  • Forced administration of medicine

5

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

6

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

7

Irrebuttable Presumptions

Violate procedural due process

8

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"