January 24 - January 24, 2007 Due Process and Equal...

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January 24, 2007 Due Process and Equal Protection Found in two places, 5 th amendment, no man should be deprived of blah blah blah without due process of law. It is also stated in the 14 th amendment to prevent the state from depriving people of due process. Due process of law is required by both the federal government and the states. Procedural due process - if you are to be deprived of something by the government such as property. They have to go through a procedure that seems generally fair. You must have the opportunity to present a case and a fair unbiased opinion to evaluate it. Substantive due process - some fundamental right is not to be taken away from you inappropriatively. There must be a compelling state interest in order for it to be deemed okay. If not fundamental it must have a legitimate goal. Equal Protection Also from the 14 th amendment, yet only applies to the states. But the Supreme Court uses the 5 th amendment to apply some of the same rules using the due process clause. Distinctions are made in the law all the time. Equal Protection makes sure that the wrong distinctions are no made. Distinctions may not be made on the basis of age, race, or gender. Three Levels of Scrutiny Done by category: 1. Not a suspect category; must have a rational basis and a legitimate government interest. 2. Quasi suspect category; Gender: Use the correct dressing room. Legitimacy: born in, or out of wedlock. Calls for intermediate scrutiny. The law must bare a substantial relationship to an important government objective. 3. Strict scrutiny; when there is a fundamental right is involved or when there is a suspect trait: nation origin, race. Must be a compelling government interest in this case, and must be necessary. Fundamental right: Privacy Although not included in the Constitution is still included. No demanded searches or drug tests is allowed due to the inner workings and eminence of the Constitution.
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Griswold v. Connecticut- Keeping everyone moral by not using contraceptives. The right to privacy has been eroded by the patriot act. Freedom of information act- get information from the government that they have about you. Financial privacy act Electronics communications act- prevents people from intercepting electronic communications. HIPA- protecting medical records If you want to find federal statutes look in the United States code. Usc.gov Annotated codes are explained and have cases cited. California codes exist as well Administrative rules can be found in the code (organized) of federal regulations (CFR) January 25, 2007 See Travis’ notes January 29, 2007 State and Federal Court Systems Mainstay, trial courts, are Superior Courts in California There are also small claims courts, which are also trial courts but are for small cases with less than $5,000 dollars. It enables people to not have an attorney. Appeal Courts
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This note was uploaded on 04/16/2008 for the course BA 210 taught by Professor Chen during the Spring '08 term at Humboldt State University.

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January 24 - January 24, 2007 Due Process and Equal...

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