Part 3
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
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| Due Process Amendments | 5th Amendment (federal), 14th Amendment (state)
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| 5th Amendment | No person... shall be deprived of life, liberty, or property without due process of law.
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| 14th Amendment | ... Nor shall any state deprive any person of life, liberty, or property, with out due process of law...
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| 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.
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| 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)
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| 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.
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| 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.
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| 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.
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| 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.
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| Procedural Due Process assesses the enforcement: | Severity of the violation, severity of the punishment, procedures used. Greater the deprivation, more due process.
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| 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.
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| Goss vs. Lopez | Several students suspended (10 days) for disruptive behavior. Students claim their due process rights were violated.
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| Due Process owed to students | 1.) Statement of specific violations (oral & written notice)
2.) Notice of punishment
3.) Opportunity to respond (hearing)
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| Due Process in Sports | Typically provided by governing bodies.
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| 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.
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