Due Process

William Allan Kritsonis, PhD 1. In order to establish due process deprivation of property interest under

the Fourteenth Amendment, plaintiff must establish: a. proof beyond reasonable doubt that defendant acted with malice

in depriving plaintiff of that interest. b. a legitimate claim of entitlement to that interest. c. substantial evidence that plaintiff exceeded defendant’s expectations. d. none of the above. 2. In the absence of any claim that the public employer was motivated by a desire to curtail or to penalize the exercise of an employee’s constitutionally protected rights a. b. c. d.

we must presume that employer’s action was regular. the court must resolve doubts in favor of the employee. the employee must be required to present new evidence. none of the above.

3. The constitutional provision prohibiting persons from holding more than one office of emolument does not apply to: a. City mayor who also served as state representative b. Justice of the Peace who also worked as a teacher c. Public school principal who also worked as aide to the School District Superintendent d. None of the above. 4. A non-tenured state teacher who is not rehired for another year a. has a constitutional right to have the reasons for non-renewal

reviewed by a judge. b. has a constitutional right to be reinstated if the school’s decision is found to be capricious. c. has a constitutional right to an injunction prohibiting the school from enforcing the decision until the court determines its validity.

d. has no constitutional right to a hearing, unless he needs to clear

his name. 5. A private school teacher was dismissed due to an article she published

in the school paper attacking the school administration. She contested her dismissal before a court of law on the ground that it is a violation of her right to free speech. Which of the following would be most likely to happen: a. Her suit will prosper because her right to free speech was violated. b. Her suit will prosper because the school administration must respect the integrity and independence of the school paper. c. Her suit will not prosper because she may not assert her right to free speech against the school administration. d. Her suit will not prosper because she should have cleared her article with school administration before publishing it in the school paper. 6. A non-tenured public school teacher was not rehired because of an

alleged drinking problem. He was not given an opportunity to respond to this charge. Which of the following would be most likely to happen: a. He will be reinstated if he proves that the charge is untrue. b. He will be given an opportunity to present evidence to clear his name. c. He will not be given an opportunity to present evidence because his term contract has expired. d. He will be entitled to damages for lost income if he proves that the allegation is false.