Procedural Due Process

Question 1

The Due Process Clauses of the Fifth and Fourteenth Amendments provide that a person has a right to a _______ when the government deprives the person of _______.

Answer 1

(1) fair process

(2) life, liberty, or property

Question 2

True or false: Government negligence is sufficient to state a procedural due process claim.

Answer 2

False. There generally must be intentional or reckless government action to state a procedural due process claim.

Question 3

A deprivation of liberty occurs if a person: (2 things)

Answer 3

(1) Loses significant freedom of action, OR

(2) Is denied a freedom provided by the Constitution or a statute

Question 4

True or false: Injury to reputation itself is a deprivation of liberty and/or property.

Answer 4

False

Question 5

“Property” includes: (3 things)

Answer 5

(1) Personal property
(2) Real property
(3) Government benefits to which there is an entitlement (i.e., a reasonable expectation of continued receipt) under state or federal law

Question 6

Procedural due process requires: (3 things)

Answer 6

(1) Notice
(2) An opportunity to be heard, AND
(3) A neutral decisionmaker

Question 7

The type and extent of the hearing are determined by a balancing test that weighs:

Answer 7

(1) The importance of the interest to the individual AND
(2) The value of specific procedural safeguards to that interest (i.e., the risk of error from the current procedures used and the benefits of additional procedures), AGAINST
(3) The government interest in fiscal and administrative efficiency (i.e., the burden on the government from using additional procedures)

Question 8

As a general rule, due process rights are, presumably, subject to waiver if:

Answer 8

The waiver is voluntary and made knowingly.

Question 9

True or false: Government fees (e.g., court filing fees) must be waived when imposition of a fee would deny a fundamental right to the indigent.

Answer 9

True