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9 Cards in this Set
- Front
- Back
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What does Procedural Due Process protect as it relates to Life & Liberty? - pg 1 of PDP Review Sheet |
- Freedom from physical restraint - Freedom pertaining to reputation, parental custody, deportation, imprisonment, and capital punishment |
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What does Procedural Due Process protect as it relates to Property? - pg 1 of PDP Review Sheet |
- Tangible and intangible property - In some instances reasonable expectations of continuing government benefits (jobs, driver's license, education) |
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What is the 4 step Procedural Due Process Analysis? - pg 2 of PDP Review Sheet |
1. Has there been a deprivation of life, liberty, or property? 2. Is it a Government (fed / state) action? (do state analysis to determine if significant gov action) 3. If a State action, was there a process and was it sufficient? 4. Apply the Matthew v. Eldridge 3 part balancing test. (helps to determine sufficiency) |
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4 ways to meet the State Action Requirement of the PDP Analysis? (PDP Analysis Step 2) - State Action Review Sheet |
1. Actions by gov or gov officials (laws, administration, joint action) 2. Part of the Gov (corps and entities created by gov or public-private partnerships) 3. Private action classified as state action (public function, significant state involvement, enforce rights through he courts) 4. The Public Functions Doctrine (voting & the political process, company towns, traditionally & exclusively public nature of function) Entanglement/entwinement (authorization/approval) Symbiosis |
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What are 4 common issues pertaining to Procedural Due Process? (PDP Analysis Step 3) - pg 2 of PDP Review Sheet - Slide 17 011917 Slides |
1. Notice - what & when 2. Hearing - nature & timing 3. Proof - Standard & Burden 4. Who makes the critical decision(s) |
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What is the 3 part Matthew v. Eldridge balancing test? (PDP Analysis Step 4) - pg 2 of PDP Review Sheet |
1. Private Interest (How significant?) 2. Risk of Erroneous Deprivation (What is the likelihood of mistakes?) 3. Government's Interest (How important and costly?) |
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What is the difference between Procedural Due Process and Substantive Due Process? |
Procedural Due Process pertains specifically to the actual process used to deny rights (procedures) where as, Substantive Due Process pertains to the freedom from unwarranted gov intrusion to include articulated (Constitution) and unenumerated (Courts) rights (privacy). |
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When do you apply Equal Protection vs Substantive Due Process Analysis? |
Equal Protection Analysis applies when a law treats a "class" of people differently from other similarly situated people OR against the arbitrary discrimination against one or persons ("class of one"). Substantive Due Process Analysis applies when a law limits liberties (unwarranted gov interference). |
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What are the 4 steps to the Substantive Due Process Analysis? |
1. Is there a fundamental right at issue? 2. Has the government infringed the fundamental right? 3. Does the government have a compelling purpose? 4. Are the means and purpose narrowly tailored? |
