Multiple Choice
Identify the
letter of the choice that best completes the statement or answers the question.
|
|
|
1.
|
Hyung
Joon Kim was deported after the U.S. Supreme Court decided that the federal law that allowed
deportation without a hearing of permanent residents who had committed certain crimes did not violate
a. | substantive due
process. | c. | neither a nor
b | b. | procedural due
process. | d. | both a and
b | | | | |
|
|
|
2.
|
In
Goss v. Lopez, the U.S. Supreme Court determined that due process rights of students
suspended for ten days or less were violated because the schools did not provide a. | oral or written
notice of charges. | b. | explanation of the evidence against the
students. | c. | an opportunity for students to present their side of the
story. | d. | all of the above | | |
|
|
|
3.
|
A sex
offender released from prison complained that personal information about him was included on a
state-sponsored Internet site. He claimed that listing his information without a court hearing to
determine whether he was currently dangerous violated his right to a. | substantive due
process. | c. | freedom of
expression. | b. | procedural due process. | d. | none of the above | | | | |
|
|
|
4.
|
Doctors in one state claimed that the law making it a crime to assist another person
in committing suicide violated the due process clause. The state argued that a. | there is a right
of mentally competent, terminally ill adults to commit physician-assisted
suicide. | b. | its interest in preserving life outweighs an individual’s
interest in physician-assisted suicide. | c. | its assisted suicide law violates due
process. | d. | none of the above | | |
|
|
|
5.
|
The
due process procedures required in specific situations depend on a. | the seriousness
of the harm that might be done to the citizen. | b. | the risk of
making an error without the procedures. | c. | the cost to the government, in time and money, of carrying out
the procedures. | d. | all of the above | | |
|
Completion
Complete each sentence or
statement.
|
|
|
Determine whether each of the following describes Substantive Due Process or
Procedural Due Process.
|
|
|
6.
|
Basis
for striking down child labor laws in the first third of the twentieth century
____________________
|
|
|
7.
|
Includes notice and a chance to have a say ____________________
|
|
|
8.
|
Prevents arbitrary, unreasonable decisions ____________________
|
|
|
9.
|
Requires a compelling state interest when social and economic laws affect privacy
____________________
|
|
|
10.
|
May
include right to hearing, cross examination, access to attorney ____________________
|
|
|
11.
|
Use
decreased as courts deferred more to wisdom of legislators ____________________
|
|
|
12.
|
Most
due process cases today ____________________
|
Matching
|
|
|
Match each statement with the correct item below. Some items may not be used.
a. | compelling state
interest | e. | implied
fundamental rights | b. | Fifth Amendment | f. | permanent resident aliens | c. | Fourteenth
Amendment | g. | procedural due
process | d. | harm, cost, risk | h. | substantive due process | | | | |
|
|
|
13.
|
requires state and local governments to provide due process
|
|
|
14.
|
right
to marry, right to bear and rear children, right to travel, and right to privacy in certain areas of
family life
|
|
|
15.
|
justification required to preserve laws that affect a fundamental right
|
|
|
16.
|
fair
administration of the law
|
|
|
17.
|
have
fewer rights than U.S. citizens
|
Short Answer
|
|
|
18.
|
What
does the term due process mean? What are the important elements of due process? What does due
process offer us in the way of rights?
|
|
|
19.
|
In
Goss v. Lopez, the Supreme Court ruled that due process had not been afforded the
suspended students because certain requirements were not met, including a hearing and an opportunity
for the students to tell their side of the story. Assume you are a Supreme Court justice who
disagrees with this ruling. Write a dissenting opinion and justify your position.
|
|
|
20.
|
Arrange the threatened losses below from those requiring the least due process to
those requiring the most due process.
the death
penalty
loss of welfare benefits
loss of hunting license
loss of freedom
with 10 years in prison
permanent
expulsion from public school
|