Individual Rights

Question 1

Wha tis procedural due process?

Answer 1

ensure necessary procedures are followed before depriving indvidual and other persons of life, liberty, or property

Question 2

If public employee is fired for cause and there is a property interest, what process is due?

Answer 2

notice of termination
pre-termination opportunity to respond
and post termination evidentiary hearing

Question 3

What is a person entitled to under procedural due process?

Answer 3

opportunity to be heard & notice

Question 4

What are protected interest under procedural due process?

Answer 4

liberty (government restraint on their freedom or fundmental rights)
property (legitimate claim of entitlement like employment)
life

Question 5

What process if due?

Answer 5

look to the three factors after a interest is at stake:

private interest affected
risk of erroneous deprivation and value of safeguards
governments interest including the burden of additional process

Question 6

Can cour fees be waived for indigent person?

Answer 6

yes, if fees will deny a fundamental right

Question 7

What is substantive due process?

Answer 7

process that is required when government infringes on a fundamental right or interest protected under constitution

Question 8

What is strict scrutiny?

Answer 8

applied when fundamental right is at stake

BBOP on government to show law must be the least restrictive means to achieve a compelling government interest

Question 9

Rational Basis

Answer 9

interest is not fundamental

BOP on challenger to show that the law is not rationally related to legitimate government interest

Question 10

What are fundamental rights?

Answer 10

Right to travel (state to state, residency requireents)

Right to Vote

Right to privacy

Question 11

What does equal protection clause do

Answer 11

discrimination against one group of people apply the three standard of review

Question 12

What does the standards of review apply to for equal protection purposes?

Answer 12

SS: Suspect classification implicated - race, ethnicity, national orgin

IS: quasi suspect class like gender and legitimacy

RR: non suspect class like age, poverty, sexual orientation

Question 13

What is standard of review for ordinary rights that are impaired?

Answer 13

rational basis

EX: if civil law retroactively impairs ordinary right it will be upheld if RB and BOP on challenger

Question 14

Can states prohibit felons from voting?

Answer 14

yes, Section 2 of 14th amendment permits states to prohibit felons from voting even if unconditionally released

Question 15

Do related person have right to live together?

Answer 15

Yes, it is fundamental right if infringed on must apply SS

Question 16

What is exception to NOT giving someone notice or hearing before civil forfeiture?

Answer 16

Government may seize person property prior to giving notice and hearing if

significant government interst
interest would be frustrated by notice
seizure performed by government

Question 17

When will public employees have protected property interest>

Answer 17

if they have an ongoing mployment contract, can be fired for cause, or revive assurances of continued employment

Question 18

When can a judge violate due process?

Answer 18

if they fail to recuse themselves from a matter they have an interest in

Question 19

Can the government deprive someone of procedural due process by seizing their property?

Answer 19

Yes in civil forfeiture actions (EX: seizing property that was alleged used for criminal activity)

Question 20

When can a judge violate due process?

Answer 20

if they fail to recuse themselves from a matter they have an interest in

Question 21

When will public employees have protected property interest>

Answer 21

if they have an ongoing mployment contract, can be fired for cause, or revive assurances of continued employment

Question 22

Is there a fundmental right for parents to control their children upbringing?

Answer 22

Yes, the right to privacy

EX: parents have a right to choose to send their kids to private school.

Question 23

Can states regulate their own elections?

Answer 23

yes, but depending on what type of restrictions depends on what standard of review is applied

Question 24

What are types of ordinary state restrictions for elections?

Answer 24

nondiscriminatory examples: voter registration, Photo ID, disallowing write in vote

apply RB if it is being challenged

Question 25

What are types of severe state restrictions for elections?

Answer 25

poll tax, disallowing 3parties candidates, property ownership requirements

apply SS if challenged

Question 26

What constitutional provision must electoral elections comply with

Answer 26

first amendment freedom of association and 12th amendment equal protections