Procedural Due Process

Question 1

Due Process Clause of the 5th Amendment

Answer 1

Applies against FEDERAL GOV. No person shall be deprived of life, liberty, or property without due process of law.

Question 2

Due Process Clause of the 14th Amendment

Answer 2

Applies against STATES that no state shall make or enforce any law that shall deprive any person of life, liberty, or property without due process of the law.

Question 3

Protected Interests

Answer 3

1. Liberty
2. Property
   - Public Employment: At will gov employees have no right to continued employment.
   - Public education

Question 4

Notice and Hearing

Answer 4

To determine what kind of process is due, Court looks:

1. Private interest affected by Gov action
2. Risk of erroneous deprivation of the interest and the probable value of additional or substitute safeguards.
3. The burden involved in providing additional processes.

NOTICE & HEARING IS REQUIRED BEFORE BENEFITS OR PROPERTY ARE TERMINATED.

Question 5

Entitlement to Hearing - Education

Answer 5

Student of higher learning is not entitled to a hearing upon dismissal for academic reasons