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United States Procedural Due Process Case Law: Goldberg V. Kelly, Goss V. Lopez, Perry V. Sindermann
Chapters: Goldberg V. Kelly, Goss V. Lopez, Perry V. Sindermann, Board of Regents of State Colleges V. Roth, Rowan V. U. S. Post Office Dept.. Source: Wikipedia. Pages: 38. Not illustrated. Free updates online. Purchase includes a free trial membership in the publisher's book club where you can select from more than a million books without charge....
Chapters: Goldberg V. Kelly, Goss V. Lopez, Perry V. Sindermann, Board of Regents of State Colleges V. Roth, Rowan V. U. S. Post Office Dept.. Source: Wikipedia. Pages: 38. Not illustrated. Free updates online. Purchase includes a free trial membership in the publisher's book club where you can select from more than a million books without charge. Excerpt: Goldberg v. Kelly, 397 U.S. 254 (1970), is a case in which the United States Supreme Court ruled that the Due Process Clause of the Fourteenth Amendment to the United States Constitution requires an evidentiary hearing before a recipient of certain government benefits (welfare) can be deprived of such benefits. The individual losing benefits is not entitled to a trial, but is entitled to an oral hearing before an impartial decision-maker, the right to confront and cross-examine witnesses, and the right to a written opinion setting out the evidence relied upon and the legal basis for the decision. The case was decided 5-3. 1. Does the Fourteenth Amendment of the United States Constitution demand a hearing before the termination of statutorily defined welfare benefits? 2. Does a pre-termination informal hearing in a welfare case satisfy the requirements of the Fourteenth Amendment? 3. Does the Fourteenth Amendment require a full evidentiary hearing prior to termination of welfare benefits? 4. Does the welfare recipient have the right to counsel or an attorney at an evidentiary hearing? 5. To what extent does the welfare administrative decision maker need to be impartial? 1. Welfare benefits are a matter of statutory entitlement for persons qualified to receive them and procedural due process is applicable to their termination. 2. The interest of the eligible recipient in the uninterrupted receipt of public assistance, which provides him with essential food, clothing, housing, and medical care, coupled with the State's interest that his payments not be erroneously terminated...More: http://booksllc.net/?id=1456239
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