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Procedural Due Process Flashcards

(7 cards)

1
Q

What is the basic principle of procedural due process?

A

A fair process is required for a government agency to individually take a person’s “life, liberty, or property.”

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2
Q

Can NEGLIGENT deprivation of a person’s right to “life, liberty, or property” violate the Due Process Clause.

A

No.

Only INTENTIONAL deprivations will violate the Due Process Clause.

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3
Q

When does a deprivation of “liberty” occur for purposes of the Due Process Clause?

A

If a person loses significant freedom of action or is denied a freedom provided by the Constitution or a statue.

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4
Q

What is “property” for purposes of the Due Process Clause?

A

There must be a legitimate claim or “entitlement” to the benefit under state or federal law.

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5
Q

How do we determine the level of procedural due process required?

A

There is a THREE-PART balancing test that weighs:

  1. Importance of the interest to the individual
  2. Value of specific procedural safeguards to that interest
  3. Government interest in fiscal and administrative efficiency
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6
Q

Can due process rights be waived?

A

Yes, if the waiver is voluntary and made knowingly.

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7
Q

How do indigent plaintiffs gain access to the courts?

A

Government fees (e.g., court filing fees) MUST be waived when imposition of the fee would deny a FUNDAMENTAL right to the indigent.

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