Question

Which of the following is NOT a characteristic of due process:

Select one:

a. It requires the government to provide fair procedures (e.g., a hearing) before depriving a person of property

b. it requires the court to scrutinize legislation affecting fundamental rights to ensure that it is necessary to promote a compelling interest

c. It is required when the government affects an individual's life, liberty, or property

d. Both substantive and procedural process are required

e. It allows the government to take private property as long as it allocated the property for public use.

Answer 1

Due process is a legal requirement that the state ( country ) must respect the legal rights owed to a person. The people of the land are free to express their interest (offensive are not included) for the smooth conduct of the country. If the rule of the land goes beyond these rules, then it is said to be the violation of the Due Process.

So (a) is a characteristic of due process that government provide fair procedure (hearing) before depriving a person's property.

(b) it is NOT a characteristic of Due Process, because no courts are allowed to affect the fundamental rights of the land to promote compelling interest.

(c) it is also a characteristic of the due process that _ It is applicable when the government affects individual's life, property and liberty.

(d) it is again a characteristic of due process that_ Both substantive and procedural processes are required.

(e) Eminent Domain of Due Process allows the government to take private property for public use.