Due Process

Question 1

Reasons for Allowing Litigation

Answer 1

Dignity, Participation, Deterrence, Effectuation (get what is rightfully yours)

Question 2

Due process requires..

Answer 2

(3) Notice, Opportunity to be heard, neutral decision maker and arguably counsel

Question 3

Federal due process

Answer 3

Fifth amendment

Question 4

State due process

Answer 4

Fourteenth amendment

Question 5

Ex parte injunction can be issued ___ if ____

Answer 5

Without notice, immediate and irreparable injury

Question 6

Ex parte injunction can only last

Answer 6

14 days

Question 7

A hearing for an ex parte injunction must

Answer 7

Take place asap

Question 8

What case does collateral bar rule come from

Answer 8

Walker

Question 9

Walker rule

Answer 9

Injunction can’t be violated even if it is wrong. Only can be challenged through the courts

Question 10

Walker holding

Answer 10

Contempt upheld, would not hear constitutionality

Question 11

What was irreparable injury at stake in Walker?

Answer 11

Safety and peace of public

Question 12

Why was Walker injunction not frivolous

Answer 12

Govt interest in regulating streets/public places

Question 13

Why collateral bar

Answer 13

Ct resources not infinite need to draw line somewhere, already have appeal

Question 14

Why Walker still in contempt for violating ex parte injunction

Answer 14

Knew about injunction, violated anyways AND didn’t apply for permit at all

Question 15

Why not special Walker rule for anti protest injunction

Answer 15

CivPro should be transsubstantive

Question 16

Collateral bar not just about cases you bring but also ones that you …

Answer 16

Find yourself in

Question 17

Exceptions to collateral bar rule

Answer 17

No notice, Ct no jurisdiction, corruption, delay in first trial

Question 18

Under R64, seizure is done under —

Answer 18

Laws of the state

Question 19

Sniadach held that due process requires —

Answer 19

Notice and hearing

Question 20

Sniadach held state statute permitting —- violated due process

Answer 20

Garnishment of wages essential to livelihood

Question 21

Goldberg established the —- due process balancing test

Answer 21

Old

Question 22

Goldberg Rule: Due process requires weighing —

Answer 22

Govt interests vs private interests

Question 23

Holding of Goldberg that welfare recipients must get — losing benefits

Answer 23

Live pre termination hearing before

Question 24

Goldberg ruled that welfare benefits were ..

Answer 24

Property

Question 25

Goldberg ruled for oral argument on basis that

Answer 25

Better way for recipients to defend themselves

Question 26

Goldberg found that recipients interest was — and govt was to —

Answer 26

Live, promote welfare

Question 27

In Goldberg, private interests outweigh govt because ..

Answer 27

Interest in life and govt interest in promoting welfare outweighs concern of bad faith applicants

Question 28

Fuentes rule

Answer 28

Notice and opportunity to be heard required before court can deprive person of their property

Question 29

Fuentes found that state replevin provisions violated due process in that they —

Answer 29

Denied right to opportunity to be heard before chattels are taken

Question 30

Fuentes found that notice and hearing must be granted when deprivation …

Answer 30

Can still be prevented

Question 31

Three reasons for Fuentes holding (3)

Answer 31

Due process when deprivation can be prevented, don’t want to distinguish between property AND collateral attack allowed

Question 32

Fuentes allowed to bring collateral attack because ..

Answer 32

She is one shot player, Firestone repeat

Question 33

North Georgia Fishing held that a —- violated due process

Answer 33

Garnishment system requiring only filing with clerk

Question 34

Mitchell upheld a sequestration system requiring …

Answer 34

Affidavit, creditors bond AND ex parte judicial decision

Question 35

Matthews — Goldberg

Answer 35

Eroded

Question 36

Matthews Test is —

Answer 36

Balancing test of private interest, risk of erroneous deprivation and value of additional safeguards AND government interest

Question 37

Mathew’s holding

Answer 37

Evidentiary hearing not required for due process

Question 38

What is private interest in Mathews and how does it compare to Goldberg?

Answer 38

Losing disability benefits, not as bad as welfare

Question 39

What is risk of error/additional safeguards in Mathews?

Answer 39

Medical assessments unbiased and standard, hearings not as helpful as Goldberg because just repeat doctors

Question 40

Inconsistency is — with due process

Answer 40

Incompatible

Question 41

What is the government interest in Mathews?

Answer 41

Administrative burden and fraud

Question 42

Connecticut v Doehr previous rule allowed attorneys to — if they —

Answer 42

Attach real property, filed affidavit alleging likelihood D would withhold or conceal

Question 43

Connecticut held that notice —-

Answer 43

Follows attachment

Question 44

Why did Connecticut violate due process?

Answer 44

requires pre attachment notice and hearing, especially since here attachment had nothing to do with claim

Question 45

Betts found right to appointed counsel only if

Answer 45

Denial of fundamental fairness

Question 46

How often have courts found for special circumstances under Betts?

Answer 46

Never

Question 47

Gideon — Betts for —-

Answer 47

Overruled, criminal felony defendants

Question 48

Overruled Betts for criminal felony defendants

Answer 48

Gideon

Question 49

Argensinger overruled Betts for —

Answer 49

Misdemeanor defendants sentenced to incarceration

Question 50

Overruled Betts for misdemeanor defendants sentenced to incarceration

Answer 50

Argensinger

Question 51

Holding of Scott v Illinois

Answer 51

Misdemeanor defendants no right to counsel if only facing fine

Question 52

Holding in re Gault

Answer 52

Right to counsel in civil juvenile delinquency that results in detention

Question 53

Right to counsel in civil juvenile delinquency that results in detention

Answer 53

In re Gault

Question 54

Morrissey holding

Answer 54

No right to counsel in parole or probation revocation hearings

Question 55

No right to counsel in parole or probation revocation hearings

Answer 55

Morrissey

Question 56

Lassiter holding

Answer 56

No right to counsel when procedure to terminate parental rights

Question 57

No right to counsel when procedure to terminate parental rights

Answer 57

Lassiter

Question 58

Turner holding (3)

Answer 58

No right to counsel in civil contempt even if incarceration on the line, must have alternative procedural safeguards to determine whether counsel should be appointed, can give remedy not asked for

Question 59

Why does Turner court not give right to counsel when liberty at stake.?

Answer 59

Can leave prison as soon as he pays (can cure contempt)

Question 60

What is Mathews analysis in Turner

Answer 60

1. Liberty interest 2. Risk of error without lawyer high and can be easily eliminated by providing one 3. Cost is to opposing counsel (not about attorney fees)

Question 61

What is cost in Turner

Answer 61

Unfair to Opposing parent