Procedural Due Process Interactions
Which of the
following is NOT a difference between substantive due process and procedural
due process?
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Which of the
following levels of scrutiny is applied to procedural due process claims?
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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?
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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?
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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have been withdrawn.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?
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Some years
later 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?
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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?
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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?
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