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Due Process
Part 3
| Question | Answer |
|---|---|
| Due Process Amendments | 5th Amendment (federal), 14th Amendment (state) |
| 5th Amendment | No person... shall be deprived of life, liberty, or property without due process of law. |
| 14th Amendment | ... Nor shall any state deprive any person of life, liberty, or property, with out due process of law... |
| Due Process | An expected course of legal proceedings which have been established in our system of jurisprudence for the protection and enforcement of private rights. Guarantees the process, not the outcome. |
| Due Process Analysis | 1. Is there state action? 2.) What right has been deprived? (Life, Liberty, or Property Interests) 3.) How was their due process right violated? (substantive & procedural due process) |
| Property Interest | to have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. He must, instead, have a legitimate claim of entitlement. |
| Substantive Due Process | a rule or regulation must be fair and reasonable in application as well as content. Protects against arbitrary (i.e., random/subjective/illogical) and capricious (i.e., impulsive/changeable) actions. |
| The inquiry in substantive due process asks 2 questions | 1.) does the rule or regulation have a proper purpose. 2.) does the rule or regulation clearly relate to the accomplishment of that purpose. |
| Procedural Due Process | examines the decision-making process that is followed in determining whether a rule or regulation has been violated and what sanction should be imposed. Fair treatment is the goal of procedural due process. |
| Procedural Due Process assesses the enforcement: | Severity of the violation, severity of the punishment, procedures used. Greater the deprivation, more due process. |
| Procedural Due Process Balancing Test | Private interest that will be affected by the official action vs. Risk of erroneous deprivation of such interest through the procedures used. |
| Goss vs. Lopez | Several students suspended (10 days) for disruptive behavior. Students claim their due process rights were violated. |
| Due Process owed to students | 1.) Statement of specific violations (oral & written notice) 2.) Notice of punishment 3.) Opportunity to respond (hearing) |
| Due Process in Sports | Typically provided by governing bodies. |
| Court of Arbitration for Sport (CAS) | Types of disputes submitted to the CAS: 1.) commercial nature 2.) disciplinary nature. Examples: Eligibility and Due Process Issues. |
Created by:
kil4261
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