The Due Process Law

Paper Summary:

The paper explains that the due process law, as stated in the 14th and 5th Amendments, requires a thorough evidentiary hearing before a person can be deprived of benefits. The paper describes the due process law as ensuring that when the government, whether federal or state, decides to terminates a person's entitlements, he/she will be given an opportunity to use his/her legal rights in the most suitable manner to defend his/her position. The paper examines evidentiary hearing and what the court's opinion has been on the deprivation of benefits. The paper also looks at the landmark Goldberg vs. Kelly case.

From the Paper:

"While the Fourteenth Amendment expressively mentions states, the Fifth Amendment deals with due process law in federal context. Now that we know that a person cannot be deprived of benefits without due process of law, it is also important to mention here that an essential component of due process is evidentiary hearing. This was decided by the Court in the landmark case Goldberg v Kelly (1970). This allowed evidentiary hearing to become an important part of the rights granted to a citizen under due process law. The two important questions that are answered in evidentiary hearing are concerned with jurisdiction and presence of probable cause. Jurisdiction question can be settled easily while probable cause requires further explanation."

Sample of Sources Used:

• Goldberg v. Kelly, 397 U.S. 254 (1970) Retrieved online (May 15th, 2006) from http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=397&invol=254#t15

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