Procedural Due Process

Question 1

Procedural due process protects against:

Answer 1

• 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

Question 2

What are procedural safe guards?

Answer 2

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

Question 3

Name the acts that invade Deprivation of Liberty interest

Answer 3

• Freedom from bodily restraint
• Physical punishment
• Commitment to a mental institution

Question 4

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

Answer 4

• Injury to reputation
• Forced administration of medicine

Question 5

What are property interests?

Answer 5

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

Question 6

Factors to determine what is adequate notice and adequate hearing

Answer 6

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

Question 7

Irrebuttable Presumptions

Answer 7

Violate procedural due process

Question 8

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

Answer 8

“Persons,” not merely “citizens”

Corporations – they are considered a “person” (privilege against self-incrimination doesn’t apply to corps)

Aliens are considered “persons”