Question

1. Give an example to illustrate each of the two forms of due process.

2. Explain the doctrine of transferred intent with respect to criminal law (3 points), and give one example of the commission of a crime where transferred intent is involved (2 points).

3.The US Supreme Court interprets the US Constitution when reviewing cases in dispute. What are three "Modalities of Interpretation" that our justices utilize? (3 points)

Take each of these modalities, and describe what they are. (6 points).

4.True/False: For a question of judicial review involving deprivation by the US government of a fundamental right, the government, in defending its action, must only provide a rational basis for its actions.

5.True/False: For government action that does not impede on any fundamental rights or involve any discrimination based on gender, the government, in defending its action, must only provide a rational basis for its actions.

Answer 1

Answer 1:- The two due processes can be given as procedural and substantive. The main theme of the procedural due process depends on the concept of fairness which indicates that the individual must be informed about the charges and proceedings which are to be made against her and should be given all the proper chances to respond on that. On the other hand, the substantive due process covers the grounds beyond the criminal proceedings. This indicates that no person can be prosecuted by the government if the proceeding violets the fundamental rights.

Answer 2:- Transferred intent can be seen as a doctrine which indicates that when there is an intent to harm a certain person but instead another person gets hurt, even then the person attacking will be responsible for his r her deed.

Answer:- 4.True/False: For a question of judicial review involving deprivation by the US government of a fundamental right, the government, in defending its action, must only provide a rational basis for its actions.

Answer:- False

Reason:- The government has to facilitate all the reasons and logic behind its actions.

Answer:- 5.True/False: For government action that does not impede on any fundamental rights or involve any discrimination based on gender, the government, in defending its action, must only provide a rational basis for its actions.

Answer:- True