Procedural Due Process

Question 1

Procedural Due Process (Definition)

Answer 1

Where a particular type of hearing must be granted to take something away from an individual.

Question 2

How Procedural Due Process Appears

Answer 2

Look for some kind of actual hearing on an individual’s or organization’s rights, or license, or permit, like zoning.

Question 3

Deprivation Without Procedural Due Process

Answer 3

Must be a deprivation of life, liberty, or property. The deprivation must be intentional, not negligent, and a deprivation means that the government affords no remedy, or merely an inadequate remedy.

Deprivation of life is obvious; deprivation of liberty occurs when a person loses significant freedom of action or is denied freedom provided by the Constitution or by statute, such as speech; property includes personal belongings and realty, chattels, or money and intangible property.

Question 4

The Test for What Type of Procedural Due Process is Required

Answer 4

Three part test, weighing:

(1) the importance of the individual interest involved;
(2) the value of specific procedural safeguards to that interest; and
(3) the governmental interest in fiscal and administrative efficiency.