ppt 4 - due process clause

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9 Terms

1
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5th amendment

No person shall be deprived of life, liberty, or property, without due process of law

2
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14th amendment

No state shall any state deprive any person of life, liberty, or property, without due process of law

3
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Procedural Due Process

Right to notice and a hearing before deprivation of Life or Liberty or Property

4
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Procedural DP: Life or Liberty

Prison/Mental Institution

5
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Procedural DP: Property

License, Tangible/Real Property

6
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Gov't may not take property unless

it is for a public purpose and just compensation is paid

7
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If no physical occupation,

balance diminution in
value vs. public benefit

8
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Substantive Due Process

Fundamental interests - Strict Scrutiny Test

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Substantive DP: Non-Fundamental Interests

Rational Basis Test