Constitutional lawLesson 1 of 3 in the course Administrative procedure

U.S. Procedural Due Process: Minimum Protections and Additional Rights

5 flashcards · 5 quiz questions · 5 match pairs · 5 fill-in sentences · English

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Summary

Procedural due process requires government officials to use fair procedures before depriving a person of life, liberty, or property. This lesson explains its constitutional basis, the minimum protections it provides, and a widely influential list of additional procedural rights.

The Due Process Clauses of the United States Constitution require procedural protections when the government seeks to deprive a person of life, liberty, or property. The Fifth Amendment applies to federal matters, while the Fourteenth Amendment applies to matters at the state level.

All flashcards

What is procedural due process?
The requirement that government follow fair procedures before depriving a person of life, liberty, or property.
Which amendments require procedural due process?
The Fifth Amendment for federal matters and the Fourteenth Amendment for matters at the state level.
What are the three minimum protections?
Notice, an opportunity to be heard, and a decision by a neutral decisionmaker.
What is the significance of Judge Friendly’s “Some Kind of Hearing” list?
It presents an influential set of basic due process rights and remains important to discussions of their content and relative priority.
Are all of Friendly’s listed rights guaranteed in every case?
No. The minimum protections apply at least, while courts use various tests to determine whether additional rights are required in a particular instance.

Quiz questions

  1. When do procedural due process protections apply?Answer: When the government seeks to deprive someone of life, liberty, or property.
  2. Which protections form the minimum procedural due process floor?Answer: Notice, an opportunity to be heard, and a neutral decisionmaker.
  3. Which amendment requires procedural due process in federal matters?Answer: The Fifth Amendment.
  4. What aspect of government action does procedural due process primarily regulate?Answer: The procedures used to make and carry out a decision.
  5. How are additional rights on Judge Friendly’s list treated in government proceedings?Answer: Courts determine whether circumstances require them.

Based on the Wikipedia article Procedural due process, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.

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