Substantive and Procedural Due Process

Substantive and Procedural Due Process

Assessment

Interactive Video

Other

11th - 12th Grade

Hard

Created by

Patricia Brown

FREE Resource

The video tutorial explores substantive due process, a legal concept that allows for the reading of certain rights into the Constitution, such as privacy and marriage. It contrasts procedural due process, which focuses on fair procedures, with substantive due process, which ensures protection from arbitrary actions. The historical context, including the rise and fall of the liberty of contract, is discussed, highlighting how substantive due process has evolved and faced criticism for allowing judges to interpret rights not explicitly stated in the Constitution.

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10 questions

Show all answers

1.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

What is the primary reason for discussing substantive due process in relation to the Constitution?

To compare it with procedural due process

To explore its role in reading privacy into the Constitution

To understand its historical significance

To analyze its impact on modern law

2.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

Which amendments are associated with the due process clause?

First and Second Amendments

Third and Fourth Amendments

Fifth and Fourteenth Amendments

Sixth and Seventh Amendments

3.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

How does procedural due process differ from substantive due process?

Procedural due process is a modern concept, while substantive due process is historical.

Procedural due process is concerned with privacy, while substantive due process deals with property rights.

Procedural due process focuses on fair procedures, while substantive due process focuses on protecting fundamental rights.

Procedural due process applies only to federal cases, while substantive due process applies to state cases.

4.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

What is a key characteristic of substantive due process?

It ensures equal protection under the law

It protects against arbitrary deprivation of life, liberty, or property

It mandates government transparency

It guarantees fair trials

5.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

Which of the following is an example of a right protected by substantive due process?

Right to bear arms

Right to free speech

Right to vote

Right to privacy

6.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

What was the Liberty of Contract?

A fundamental right to privacy

A concept allowing unrestricted agreements between employers and employees

A legal principle ensuring fair trials

A historical amendment to the Constitution

7.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

Why did the Liberty of Contract fall out of favor?

It was seen as too restrictive on personal freedoms

It was associated with unfettered capitalism during economic hardship

It conflicted with the First Amendment

It was never widely accepted by the courts

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