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20 Cards in this Set
- Front
- Back
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Procedural Due Processar
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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
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Substantive due process
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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
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Fifth Amendment
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provides that no person shall be deprived of life, liberty, or property without due process of law.
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Due process is to protect people from what
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arbitrary laws
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Due process mandates what
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that state and federal goverment treat all persons with a minimum amount of fairness when taking life, liberty,or property.
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Due process has 2 aspectgs what are they?
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Procedural and substative
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What requires that the law be relatged to the prupose intended or that the govermenthave some substantial reason for theregulation
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Substantive due process
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What is the rational relationship test
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when the laws are reflective of the laws objective
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Fundamental Rights
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freedom of religious choice and practice, fredom of travel, the right to vote, and freedome of the process.
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When must a lw law pass a stricter test than that of retional relationship?
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when that law regulated a fundamental right or suspect class
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What is a suspect class
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grounds that have been historically discriminatged against . Race and national orgin are examples of suspect classes
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What is the strict scrutiny test
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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
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What is the substantlal relationshkp
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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"
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What are the interest protected by the Due Process Class
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life,liberty, and property
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If life is threatened what must be provided
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due process
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What does liberty interests encompass?
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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.
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Property rights include
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real property, tangiable or intangiable property, entitlements, goverment employment, licenses, utilities, and education
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Entitlements inc lude:
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goverment benefits or entitlements,
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Rights-verses privilages doctrine was rejected in which case.
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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"
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What type of interest dues a nonprobatonary employee have
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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
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