Procedural Due Process

There's much they can test on procedural due process.

To start, there are three rights protected: life, liberty, and property. Only intentional (as opposed to negligent) deprivation of these rights is of concern here.

Liberty is not defined, but it's safe to assume that a violation of the liberty right occurs if a person loses significant freedom of action or if a person is denied any other freedom granted by the Constitution or by another statute. 

Property, likewise, is considered more broadly than what a traditional definition might imply. If there's a legitimate claim to entitlement under either state or federal law, and one is denied that entitlement, a violation of the property right is likely to have occurred. 

Let's now assume that it's determined that a right protected by procedural due process has been violated. Then, it's time to determine the type and extent of procedure required for those complaining of that violation. Like much in Constitutional Law, there's a test to determine whether there's been a violation. 

The following factors should be weighed:

-The importance of the interest to the individual,

-The value of specific procedural safeguards to that interest; and

-The government interest in fiscal and administrative efficiency. 

But in addition to knowing that test, it's helpful to understand some specific examples that show up. Here are some common examples using the test above to determine the type and extent of procedure required:

Welfare Benefits: Prior notice and a prior evidentiary hearing are generally required.

Disability Benefits: Prior notice, opportunity to respond, and a subsequent evidentiary hearing are generally required.

Public Employment (if tenured or if termination is only "for cause"): Prior notice, opportunity to respond, and a prior evidentiary hearing are generally required. 

Suspension or Academic Dismissal from Public Education: Prior notice and opportunity to respond are generally required. 

Driver's License Suspension: A prior evidentiary hearing is generally required. 

Termination of Parental Custody Rights: Prior notice and a prior evidentiary hearing are generally required. 

Commitment to a Mental Institution (adults): Prior notice and a prior evidentiary hearing are generally required, though not always in an emergency. 

Commitment to a Mental Institution (children): Prior screening by a neutral fact-finder is generally required. 

The above is not an exhaustive list, but with the examples here along with the general test above, you'll have the tools needed to analyze procedural due process questions should they show up on the exam.