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Question 1
Which of the following is NOT a difference between substantive due process and procedural due process?
Correct
Incorrect!
Correct Both procedural due process and substantive due process protection, regarding state and local government action, are derived from the Fourteenth Amendment. The other choices apply only to procedural due process.
Incorrect! Both procedural due process and substantive due process protection, regarding state and local government action, are derived from the Fourteenth Amendment. The other choices apply only to procedural due process.
Correct
Incorrect!
Correct
Incorrect!
Question 2
Which of the following levels of scrutiny is applied to procedural due process claims?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Procedural due process claims are resolved by use of a balancing test which involves examining: (1) the importance of the private interest affected, (2) the risk of erroneous deprivation through the procedures used, and the probable value of any additional or substitute procedural safeguards, and (3) the importance of the state interest involved and the burdens which any additional or substitute procedural safeguards would impose on the state. See Mathews v. Eldridge, 424 U.S. 319, 335 (1976).
Incorrect! Procedural due process claims are resolved by use of a balancing test which involves examining: (1) the importance of the private interest affected, (2) the risk of erroneous deprivation through the procedures used, and the probable value of any additional or substitute procedural safeguards, and (3) the importance of the state interest involved and the burdens which any additional or substitute procedural safeguards would impose on the state. See Mathews v. Eldridge, 424 U.S. 319, 335 (1976).
Question 3
Sarah is hired by the University of Colorado to teach for one year, as evidenced by the contract she signs with the state's Department of Education. Several weeks into the first semester, she is fired as part of an emergency reduction in force enacted to avoid a budget overrun. She sues the state claiming a procedural due process violation. The state makes a motion to dismiss arguing there is no due process claim here. What is the likely result regarding the motion?
Correct Although the result of the due process claim itself will depend on how the Eldridge factors weigh out, the motion to dismiss will likely not be granted, as by claiming early termination of a state contract Sarah has effectively claimed a state deprivation of a property interest. 'Property' extends beyond tangible personal or real property, and includes property rights such as those stemming from contract.
Incorrect! Although the result of the due process claim itself will depend on how the Eldridge factors weigh out, the motion to dismiss will likely not be granted, as by claiming early termination of a state contract Sarah has effectively claimed a state deprivation of a property interest. 'Property' extends beyond tangible personal or real property, and includes property rights such as those stemming from contract.
Correct
Incorrect!
Question 4
Louis has been suspended from his local public school for lighting a firecracker and flushing it down the toilet. When his acts were discovered the principal sent a letter home to Louis' parents, who then brought a due process claim against the school. Which of the following is NOT an argument in favor of the due process violation claim?
Correct
Incorrect!
Correct
Incorrect!
Correct This answer choice is too strong. Procedural due process claims always involve a balancing, which (a), (b) and (d) combined would accomplish. Depending on the interests involved and the results of this balancing test, it might in fact be acceptable for a school to summarily suspend or dismiss students without a hearing.
Incorrect! This answer choice is too strong. Procedural due process claims always involve a balancing, which (a), (b) and (d) combined would accomplish. Depending on the interests involved and the results of this balancing test, it might in fact be acceptable for a school to summarily suspend or dismiss students without a hearing.
Correct
Incorrect!
Question 5
Walter has been on welfare for the past few months, having fallen on hard times. Due to governmental financial difficulties, Walter's welfare benefits have been withdrawn. He was notified of this by mail last week, and no explanation was included. Does Walter have a due process claim?
Correct
Incorrect!
Correct Although it is not everyone's right to receive welfare benefits as indicated by (a), for those people who do have such a right (i.e., people who falls within the statutorily defined class) there can be no deprivation without a hearing. See Goldberg v. Kelly, 397 U.S. 254 (1970).
Incorrect! Although it is not everyone's right to receive welfare benefits as indicated by (a), for those people who do have such a right (i.e., people who falls within the statutorily defined class) there can be no deprivation without a hearing. See Goldberg v. Kelly, 397 U.S. 254 (1970).
Correct
Incorrect!
Correct
Incorrect!
Question 6
Walter has made a name for himself as a local real estate broker and earns an adequate living. He has also, legitimately, been collecting social security disability payments. When notified that he was no longer eligible for disability and requested to submit medical records to the contrary if he felt he was still eligible, Walter wrote back "Gee, I don't understand. Why would you do that? The medical records you have are enough for you to see that I'm eligible." When the Social Security Administration makes its final determination that he is now ineligible for disability, Walter sues claiming that procedural due process requirements have not been met. Why will Walter's case fail?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Choices (a), (b) and (c) bring us through the balancing test for procedural due process claims and combine to indicate that Walter's claim will likely fail. Although (a) might tug at some heart strings, because the disability benefits are not based on financial need in the eyes of the law withdrawing them would not necessarily have the same effect as would withdrawing welfare benefits.
Incorrect! Choices (a), (b) and (c) bring us through the balancing test for procedural due process claims and combine to indicate that Walter's claim will likely fail. Although (a) might tug at some heart strings, because the disability benefits are not based on financial need in the eyes of the law withdrawing them would not necessarily have the same effect as would withdrawing welfare benefits.
Question 7
Gregg is convicted of a misdemeanor and sentenced to 45 days in prison in Northernstate. Prior to his trial he had purchased a plane ticket to visit friends in Southernstate. While his lawyer works on his appeal from the misdemeanor conviction Gregg decides to represent himself and file a due process claim, because he has been deprived of his right to travel freely among the states by virtue of his imprisonment. Which of the following is the best reason for Gregg to lose his case?
Correct
Incorrect!
Correct Because he has already been tried and convicted, Gregg has had a number of his liberty rights taken away, including the right to travel freely among the states. The criminal trial provided Gregg with adequate opportunity to plead his case, and inherent with serving a prison sentence is some reduction in liberty.
Incorrect! Because he has already been tried and convicted, Gregg has had a number of his liberty rights taken away, including the right to travel freely among the states. The criminal trial provided Gregg with adequate opportunity to plead his case, and inherent with serving a prison sentence is some reduction in liberty.
Correct
Incorrect!
Correct
Incorrect!
Question 8
The Westernstate legislature, after heated debate, decides to pass a statute giving students the right to choose which public school district they will attend within their home county. Because of the controversial nature of the legislation, at the last minute an "out clause" is added to help push the bill through. This clause details the procedures which school boards could use to terminate the right of students in their district to choose to attend other schools. Is the out clause valid?
Correct
Incorrect!
Correct
Incorrect!
Correct Procedural due process requirements for deprivation of property or liberty interests are determined by the judicial, not legislative, branch. Even if the legislature creates the interest, it is the courts and not the legislature which must determine whether a procedure for deprivation meets Constitutional muster.
Incorrect! Procedural due process requirements for deprivation of property or liberty interests are determined by the judicial, not legislative, branch. Even if the legislature creates the interest, it is the courts and not the legislature which must determine whether a procedure for deprivation meets Constitutional muster.