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20 Cards in this Set

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  • Back
Procedural Due Processar
describes the minimum steps that must be taken by a goverment before they can deprive an individual of life,liberty or property. It is not concerned with the substance of an agency's actions, it is concerned with the process by which the goverment pursues its pbjective. Wheather or not a person is entitled to notice or a hearing are procedural due process issues
Substantive due process
is concerned not with procedures used to make a rule or adjudicate an individual case, but with the substance of a rule or an adjudication. It is possible for constitional procedures to be used to implement a ruel but for the rule itself to violate the Constition. Substantive due process protects peoople from aribitrary laws
Fifth Amendment
provides that no person shall be deprived of life, liberty, or property without due process of law.
Due process is to protect people from what
arbitrary laws
Due process mandates what
that state and federal goverment treat all persons with a minimum amount of fairness when taking life, liberty,or property.
Due process has 2 aspectgs what are they?
Procedural and substative
What requires that the law be relatged to the prupose intended or that the govermenthave some substantial reason for theregulation
Substantive due process
What is the rational relationship test
when the laws are reflective of the laws objective
Fundamental Rights
freedom of religious choice and practice, fredom of travel, the right to vote, and freedome of the process.
When must a lw law pass a stricter test than that of retional relationship?
when that law regulated a fundamental right or suspect class
What is a suspect class
grounds that have been historically discriminatged against . Race and national orgin are examples of suspect classes
What is the strict scrutiny test
A of actoin valid only if it further compells a govements reasonable interest and there is no reasonable interest. This is applied when fundamental right is impinged or when law or act classifies by race, ethnicity, religion
What is the substantlal relationshkp
law or action that is valid if it is substantially related to a lawful goverment objective. This is applied in limited cases such as classifications based upon gender of "legitimacy of birth"
What are the interest protected by the Due Process Class
life,liberty, and property
If life is threatened what must be provided
due process
What does liberty interests encompass?
the right to move around as pone pleases without goverment interferance. Alsoone wants to consider a person's interst in their good name. Agencies must consider due process concerns before publically acussing an individual of sumething that is humiliating,stagmatizing,or damaging to one's reputation.
Property rights include
real property, tangiable or intangiable property, entitlements, goverment employment, licenses, utilities, and education
Entitlements inc lude:
goverment benefits or entitlements,
Rights-verses privilages doctrine was rejected in which case.
Goldberg v. Kelly, where the Court stated "it may be realistic today to regard welfare entitlements as more like "property than a "gratuity.; Much of the existing wealth in this country takes the form of rights that do not fall iwthin traditional commom-law concepts of proeprty. The court stated that a person has protected property interst in a benefit if he or she has a "legitimate claim to that benefit"
What type of interest dues a nonprobatonary employee have
property interest in h is or her employment. See Sidermann case. It shows that a goverment employee must have a ligitimate claim of entitlement to employment in order to be protectected by due process