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Question 1

Which of the following is NOT a difference between substantive due process and procedural due process?

Question 2

Which of the following levels of scrutiny is applied to procedural due process claims?

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?

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?

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 Due to governmental financial difficulties, Walter's welfare benefits have been withdrawn.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?

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?

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?

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?