Procedural Due Process Interactions








Which of the following is NOT a difference between substantive due process and procedural due process?
Choice 1 All procedural due process claims are subjected to the same level of scrutiny.
Choice 2 Procedural due process protection stems from the Fourteenth Amendment.
Choice 3 The type of liberty involved in a procedural due process claim does not affect the analysis which a court must undertake.
Choice 4 Procedural due process analysis involves, in part. a balancing of state interests and private interests.

Which of the following levels of scrutiny is applied to procedural due process claims?
Choice 1 Rational basis review.
Choice 2 Intermediate scrutiny.
Choice 3 Strict scrutiny.
Choice 4 None of the above.
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?
Sarah will WIN, because she has been deprived her property interest in the entitlements stemming from her contract which gives rise to procedural due process concerns.
Sarah will LOSE, because she has not been deprived of life, liberty, or property, and therefore no due process issue is raised.
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?
Choice 1 It would not be very difficult for the school to provide advance notice of the suspension and give Louis the chance to explain himself.
Choice 2 If students were given the opportunity to explain themselves in these situations it would likely reveal some facts not already known.
Choice 3 Public schools may not act summarily to deprive students of an education and must always provide an opportunity for a hearing.
Choice 4 Education is important, so the private interest involved here is important.
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?
Choice 1 YES, because it is everyone’s right to receive welfare, which means that withdrawal of welfare without a hearing is a procedural due process violation.
Choice 2 YES, if Walter is statutorily entitled to receive welfare benefits, withdrawal of welfare without a hearing is a procedural due process violation.
Choice 3 NO, because there is no right to receive welfare.
Choice 4 NO, because the right to receive welfare is granted by the government and may therefore be withdrawn at will by the government.
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?
Choice 1 His interest in receiving disability benefits is not significant, as they are not based on financial need.
Choice 2 An evidentiary hearing is unlikely to produce different results, as the SSA already has all relevant medical records on hand.
Choice 3 For the SSA to hold evidentiary hearings in all such cases would be a significant financial and logistic burden.
Choice 4 All of the above.
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?
Choice 1 As a prisoner he cannot file suit on his own behalf.
Choice 2 As a prisoner he has reduced status regarding the deprivation of certain liberty interests.
Choice 3 Gregg would have to try to leave the prison and board the plane before his case became ripe.
Choice 4 There is no good reason for Gregg to lose – he will likely win his case.
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?
Choice 1 YES, this is a law regarding a non-fundamental right and the clause passes the rational basis test.
Choice 2 YES, this is a law regarding a fundamental right and the clause passes strict scrutiny.
Choice 3 NO, this is a law creating a liberty interest and the legislature is not free to determine procedures by which a person can be deprived of that interest.
Choice 4 NO, because the law covers a fundamental right and the clause would permit school boards to deprive students of that fundamental right.

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