What question does procedural due process ask?
Has the government followed adequate procedures when taking away someone's life, liberty, or property?
What question does substantive due process ask?
Does the government have an adequate reason for taking away someone's life, liberty, or property?
What is a deprivation of liberty?
Loss of a significant freedom provided by the Constitution or statute
Regarding deprivation of liberty, what is required before
1. An adult can be institutionalised?
2. A parent can institutionalise a child?
1. Notice and a hearing, except in an emergency
2. Only a screening by a neutral factfinder
Is harm to reputation a loss of liberty?
What category of people rarely have liberty interests?
How is a deprivation of property defined?
Where there is an entitlement which is not fulfilled
For deprivation of property purposes, what is an entitlement?
Where there is a reasonable expectation to continue receipt of a benefit
Where government promises a job to X for a year and fires them after six months, can X raise a due process complaint? How come?
Yes, because they had a reasonable expectation the benefit would continue
What is a fatal to an due process claim for deprivation of property?
Express negation of the reasonable expectation
Entitlement now encompasses what two old terms, and what does this mean for the MBE?
Rights and Privileges
On the MBE, any answer distinguishing between Rs and Ps in the context of due process is wrong
What standard is required to hold government liable under due process? Is negligence enough?
Intent or recklessness, negligence not enough
In an emergency situation, government will be liable for conduct which, although not intentional or reckless, does what?
Shocks the conscience*
Do people have a due process right to government protection from privately inflicted harms?
What three government actions require notice and a hearing before hand?
1. Terminating welfare
2. Terminating a parent's right to custody
3. Government seizure of assets, generally
What is the one exception to when government may seize property without notice and a hearing?
May the government seize property used in illegal activities, even if it has an innocent owner?
What is required to terminate disability benefits?
Post-termination hearing only
What must be afforded to a student who is disciplined by a public school?
1. Notice of the charges
2. Opportunity to explain
To be constitutional, what is required of punitive damage awards?
1. Instructions to the jury
2. Judicial review to ensure reasonableness
Why are grossly excessive punitive damage awards not okay?
They violate due process