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- 1The Original 13 ColoniesMassachusetts, New Hampshire, Rhode
Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware,
Maryland, Virginia, North Carolina, South Carolina, and Georgia - 2The doctrine of _________ gives a citizen the right to obtain a writ, or written order, to be taken out of jail and brought before a judge.habeas corpus
- 3Around 1600, England began transporting criminal offenders to ___________as punishment for their crimes.the American colonies
- 4_________ means writing down the law in a set form.Codification
- 5The ___________outlawed the concept of seditious libel in the United States.First Amendment
- 6“law”When lawyers talk about “law,”
they’re generally talking about a specific type of law.
A statute; an act of the legislature.
The whole body of principles, standards, and rules that apply to a
particular type of situation, such as juvenile law .
The many
different types of law, such as case law, constitutional law, military
law - 7juristspersons learned in the law, like a
judge or professor - 8codea series of written laws, published by a government with the
power to enact such laws and enforce them
a
systematic collection, compendium or revision of laws, rules, or
regulations - 9codebookis one volume of a series of annotated codes. Each code,
such as your state constitution, is divided into multiple volumes, and
each division contains a series of sequentially numbered code
sections. Each code section is annotated, meaning that the section is
furnished with explanatory notes detailing the legislative history, crossreferences, law review articles, and court decisions that have referred
to, cited, or published case law on that code section. - 10Common law“a body of law that develops and derives
through judicial decisions, as distinguished from legislative
enactments.” (A legislative enactment is a law passed by a legislature,
such as Congress.) - 11Equity vs. LawEquity is best understood when contrasted with law; the primary
difference between the two terms is the remedy involved. The “law” or
“legal remedy” offers remedies of financial compensation (such as
monetary settlements and jury awards). In equity, a judge is free to
issue a remedy that will either prevent or terminate injurious conduct
(such as a temporary restraining order preventing a spouse from
committing domestic violence), or a preliminary or permanent
injunction preventing someone from doing a particular act that will
result in harm to a petitioner (such as unauthorized entry upon private
land).
Equity gives a judge greater flexibility. Equity
supplements common and statutory law. When these types of law are
inadequate in the attainment of justice, equity is sought. - 12Examples of Equitable Claims and RemediesInjunctions. An injunction restrains a party from doing something that
would cause irreparable harm if not enjoined, or temporarily halted. An
injunction is a preventative measure that guards against future injuries
rather than affording a remedy for past injuries. For example, an
injunction may order a manufacturer to stop dumping chemicals into a
river. However, it can’t force the manufacturer to clean up past
pollution. A hearing will often take place before an injunction is issued. - 13Examples of Equitable Claims and RemediesRestraining orders. The petitioner asks the court, usually without a
hearing, to enjoin (prevent) someone from doing something that would
cause harm if not halted. For example, in a domestic violence
proceeding, a restraining order may be issued upon the petitioner’s
application to the court to forbid contact, harm, or violence by the
respondent. - 14Examples of Equitable Claims and RemediesSpecific performance. Specific performance requires the
performance of a duty agreed on in a contract or other agreement. For
example, a seller enters into a contract with a buyer to sell a rare and
unique painting for a certain price. Later, the seller refuses to sell the
painting. A court may order the seller to complete the performance of
their obligation under the contract and sell the painting to the buyer for
the agreed-upon price as stated in the contract. - 15Examples of Equitable Claims and RemediesWrits. A writ is issued by a court to authorize actions in specific legal
situations. Writs prescribe or forbid certain acts, enforce rights, or
redress wrongs.
-A writ of habeas corpus safeguards individuals from being taken
into custody unlawfully.
-A writ of error from a higher court orders a lower court to provide
records of legal proceedings to determine whether the law has
been applied erroneously.
-A writ of mandamus compels performance of a public official,
entity, or court. - 162 requirements of equity:1. The petitioner has no available legal remedy, or the remedy isn’t
enough to compensate the injured person for his or her loss,
injury, or damage.
2. Immediate or irreparable harm will result to the petitioner unless
equitable relief is granted by the judge. - 17What is a temporary restraining order?The court enjoins, or prevents, a person or entity from doing
something, because to allow them to continue would permanently
harm the petitioner - 18What is the Latin term for equity?Aequitas, which means justice or equality
- 19Define the two requirements that must be met before a petitioner can seek equitable relief.The petitioner has no available legal remedy or the remedy isn’t
enough to compensate the injured person for his or her loss,
injury, or damage. Immediate or irreparable harm will result to the
petitioner unless equitable relief is granted by the judge. - 20Explain four common types of equitable relief that may be granted to petitioners.Injunctions, writs, restraining orders, specific performance
- 21What are blue laws?Laws forbidding stores to be open on Sundays
- 22The ConstitutionThe Constitution of the United States of America, much debated
among the colonies, was passed in 1787. Over the next year, it was
signed and ratified (approved) by most of the states and became law.
The government of the United States was established, and the history of the world was forever marked for change.
The United States Constitution established the three equal branches
of government—legislature, executive, and judicial—to ensure that no
one person or branch of government could ever have excessive and
dictatorial power. - 23The Bill of Rights1. Guarantees freedom of thought, belief, speech, the press, and
assembly.
2. Grants the right to keep and bear arms.
3. Gives homeowners the right not to be forced to house soldiers in
peacetime.
4. Guarantees the right of security in one’s home, person, papers,
and effects, against unreasonable searches and seizures.
Requires probable cause for issuance of a search or arrest
warrant, and that the warrant particularly describes the place to
be searched and the persons or things to be seized.
5. Requires that a person accused of a crime be indicted by a grand
jury, prohibits “double jeopardy” (being tried twice for the same
crime), gives the right not to testify against oneself and the right
to due process.
6. Guarantees the right of defendants in criminal cases to
-A speedy and public trial
-Trial by an impartial jury in the jurisdiction where the crime
occurred
-Be informed of the charges against them
-Confront the witnesses against them
-Have witnesses required to appear in their defense
-Have the assistance of counsel in their defense - 24The Bill of Rights7. Preserves the right to a jury trial in common-law (that is, civil)
cases, for disputes over a certain amount (then $20—now
$75,000), to be tried in federal courts of the United States
government.
8. Prohibits excessive bail, excessive fines, and cruel and unusual
punishment.
9. Restricts the federal government from interpreting the
Constitution to deny other rights (that is, unwritten or accepted
common laws) retained by the people of the United States.
10. Grants “police power” to all states of the United States to enact
and enforce laws not prohibited by the Constitution. - 25The Three Branches of the Federal GovernmentLegislative-Congress (House of
Representatives and
Senate)
State House of
Representatives
***MAKE LAWS***
Executive -President
Administrative agencies such as the Attorney
General or Social Security Administration
***CARRY OUT THE LAWS***
Judicial-Federal courts
State courts
***INTERPRETS THE LAWS & RESOLVES DISPUTES THAT ARISE UNDER THE LAWS*** - 26separation of powers doctrineprohibits one branch of government
from exercising a power reserved for another branch - 27Unconstitutionalnot conforming to the rights set forth in the
U.S. Constitution. A law that’s unconstitutional can’t legally remain in
force. - 28administrative lawrefers to the rules and regulations
written by administrative agencies such as the FDA - 29Federal Agencies and Administrative LawInterstate Commerce Commission: Enacts administrative laws under the charter and authority given it by
Congress to control interstate commerce
Post Office: Enacts regulations mandating state cooperation with mail delivery
(from the Pony Express to modern mail carriers) and the privacy of
the mail
Patent Office: Records patents for inventions
Pension Office: Decides who can receive a federal pension
General Land Office: Decides who is to be granted deeds to land
***Agencies were
created to control and regulate the basic infrastructure of the country. Infrastructure is the framework of public works and resources of a
region, such as roads and schools*** - 30administrative agenciesAttorney general
Motor vehicle departments
Franchise (tax) offices
Transportation
State police
Public roads
Public waterways
Water management
Parks and recreation
Education
Workers’ compensation or industrial relations
Housing
Equal employment and development - 31What was the primary source of American law in the colonial era?The common law of England
- 32What was the significance of Marbury v. Madison?The Supreme Court upheld the supremacy of the U.S.
Constitution above all branches of government, and interpreted
the Constitution to grant the courts the power to review federal
and state laws. - 33How does a case begin?Cases begin when a conflict of interests or rights occurs between two
or more persons (including public entities or businesses). This is true
of criminal cases as well as civil. One or both parties are injured or
suffer a perceived loss of an object or a right to which they feel they’re
entitled. - 34Depublicationoccurs when a court of last resort has approved a lower
appellate court’s decision for publication, but later decides that the decision conflicts with the precedent set by the court of last resort, the
state constitution, or the U.S. Constitution - 35A/An _______ is any claim filed by one party against a co-party.cross-claim
- 36Cases begin when a/an _______ or rights occurs between two or more persons (including public entities or businesses).conflict of interest
- 37A/An _______ is a claim a defendant files against a plaintiff, as long as the complaint arises from the same occurrence as the main lawsuit.counterclaim
- 38There are many _______ resources available for legal study.printed
- 39Law schools and governmental divisions publish legal information on the _______.Internet
- 40_______ states have legal information published on the Internet.All
- 41_______ is a publisher of printed legal works.Thomson Reuters
- 42Trial CourtsTrial courts are most commonly divided into two jurisdictional areas:
courts of general jurisdiction and courts of limited jurisdiction. The
rules of jurisdiction and venue that apply to district courts apply to
state courts as well. Since all cases begin at the trial court level,
unless there’s jurisdiction and proper venue there, the litigation goes
nowhere and the action, if filed, is dismissed. - 43Courts of Limited Jurisdiction (Lower Courts) Within a StateCourts of limited jurisdiction courts are the lower trial courts. They can
hear only certain types of cases, such as cases involving amounts of
money below a certain sum or cases involving minor offenses. They
judge the following:
-Preliminary hearings in felony cases
-Misdemeanor jury trials
-Infraction trials by court
-Small claims
-County and city ordinance violations
Courts of limited jurisdiction include many different courts that vary by
state, but might include the following:
Municipal court
Superior court—limited civil case division
Magistrate court
Small claims court
Traffic court
City court
Town court
Water court
County recorder’s court
Police court
Justice court
Parish court
Village justice court
Juvenile court
Probate court
Mental health court - 44Courts of General Jurisdiction (Higher Courts)Courts of general jurisdiction hear cases not assigned by law to courts
of limited jurisdiction. Among cases that might be heard in a court of
general jurisdiction are the following:
-Felony cases
-Domestic relations cases (family law)
-Civil matters involving high stakes (ranging, for example, from
$25,000 to millions)
Trial courts have different names according to each state’s history, its
constitution, and its legislative acts. Here are a few of the names:
Superior Court
Chancery Court or Court of Chancery
Circuit Court
District Court
Civil Court
Court of Common Pleas
Supreme Court - 45Appellate CourtsThe next higher level of the state court system includes the
intermediate courts of appeals. Appellate courts decide appeals
brought from lower courts. People convicted of crimes have a right to
an appeal, including those convicted of misdemeanors. Sometimes
those who have engaged in a plea bargain may have the right to
appeal. The prosecutor, however, generally can’t appeal a guilty
verdict due to the prohibition against double jeopardy. - 46What Is an Appeal?Suppose you’ve
been convicted of a crime. First, you must file a notice of appeal,
typically within 30 days. If you don’t, the right to appeal is forfeited.
Your lawyer (a lawyer will be provided to you in a criminal appeal if
you can’t afford a private attorney) then orders the transcript of all
proceedings, including any motions in any trial held.
Next, the lawyer reviews the transcript for any issues in your favor.
The appellate attorney prepares the transcript by including certain
statements as required by the higher court, and numbers what’s called
the record on appeal. Your lawyer and the prosecutor usually must
agree on the record. Your lawyer then does the necessary legal
research and writes a brief. The brief includes a statement of the facts
and the legal arguments, divided into points.
An issue is a single disputed matter that the parties in a lawsuit want
decided by the court, based on facts that must be proven. - 47What Is an Appeal?A point is an individual legal proposition or argument raised in a
lawsuit. Attorneys will list the points of law that they believe apply to a
case and provide citations to back up those points. The judge will then
decide if the points have been applied to the issues in the case
correctly.
Your lawyer provides copies of the brief and record to the prosecutor
and the prosecutor prepares a brief. All of this is submitted to the
appellate court. The court reviews the material and schedules a date
for oral argument. The oral argument is very important because it
gives the appellate justices a chance to ask questions.
After the oral argument, one of the justices produces an opinion that
explains the decision related to the case. All the judges may not agree
with the judge writing the main opinion; dissenting justices may write
an opinion disagreeing with the majority. The judges’ opinion or
opinions are then published in a casebook. - 48Organization of Courts of AppealsIntermediate appellate courts hear the first appeal of civil and felony
criminal matters that were tried in the trial courts. These courts also
often hear appeals of the decisions of administrative courts or
agencies. In some states, this review is undertaken by trial courts of
general jurisdiction.
Most intermediate appellate courts have multiple locations, known as
districts, in the state. Those districts are often divided into divisions.
Each division may have several judges, but most cases are decided
by a three-judge panel rather than by the whole court.
The fundamental structure of the courts of appeals is the division of
jurisdiction by:
-Geographic region
-Subject matter
-Mandatory appeals of right
-Discretionary review by petition
Some states have one intermediate appellate court, and some have
several districts with divisions of districts. - 49Courts of Last ResortThe state court of last resort hears appeals brought from lower courts.
The decision of the court of last resort is final, unless there’s a federal
question that can be appealed to the federal courts.
A person may petition the court of last resort for a writ of certiorari to
have the decision of a lower court reviewed. This can happen only
after the lower court has heard the case and made its decision. The
court of last resort first decides whether or not to grant a review. If
granted, the court hears the matter and issues its decision. If denied,
however, the litigation ends unless there’s a federal question. In all but
four states, the justices of the court of last resort review petitions en
banc (as a whole body). The four exceptions are Washington, Virginia,
New Mexico, and Iowa.
Note that Oklahoma and Texas use a split court of last resort (one for
criminal cases and one for civil cases). The most common organization is to have seven judges, but 18 states have five judges and six states have nine. Both Texas courts of last resort have nine judges. - 50Courts of Last ResortOklahoma has a nine-member Supreme Court and a five-member Court of Criminal Appeals.
The names of the courts vary among states. For example, in New
York, the Supreme Court is the highest trial court, and the court of last
resort is the Court of Appeals. In Utah, the Judicial Council, not the
court of last resort, is the designated administrator of the state courts. - 51equal protection clausee is found in the Fourteenth Amendment to
the Constitution. It prohibits states from denying any person equal
rights and protection under the law. This clause makes it illegal to
have different laws for people based on the color of their skin or their
race. - 52Forum shoppingmeans selecting a court among two or more that may
legally handle a case when the attorney believes the court they prefer
will rule in their client’s favor
A particular judge’s rulings may have a certain direction on
a particular issue. If they’re unfavorable, the attorney may wish to
disqualify the judge and have the case heard by another judge. This is
important to a defense attorney faced with a “hanging” judge, a judge
who has the reputation of applying overly harsh sentences. - 53In state criminal courts, most cases are disposed of by a/an _______.plea bargain
- 54A single disputed matter that the parties in a lawsuit wish to have decided by a court is called the _______.issue
- 55The equal protection clause is found in the _______ Amendment to the Constitution.Fourteenth
- 56_______ is a way of choosing the court that you believe will be more likely to rule in your favor.Forum shopping
- 57An individual legal proposition or argument raised in a lawsuit is called a/an _______.point
- 58The Form of a Case CitationWhen referencing, or citing, a published court opinion, there’s a
standard format that you should use. For example, in the case of
Marbury v. Madison, 1 Cranch 137 (1803), the case name (Marbury v.
Madison) comes first. This means Marbury has sued Madison. If
Madison made a counterclaim, the case name for that would be
Madison v. Marbury. The citation (1 Cranch 137 (1803)) comes
second. This means the case can be found in the first volume of the
reports of official cases decided by the U.S. Supreme Court, as
published by the Clerk of the Court, Mr. Cranch, at page 137, and the
case was decided in 1803. - 59The District CourtsThe trial-level federal courts include the following:
-The United States District Courts, of which there are 94, including
the U.S. Territorial District Courts for Guam, the Virgin Islands,
and the Northern Mariana Islands
-The U.S. Court of Veterans Appeals
-The U.S. Tax Court
-The U.S. Court of Federal Claims
-The U.S. Court of International Trade
-The Social Security Administration Courts
-The Industrial Relations Administrative Courts
The majority of federal trials are heard and decided in the district
courts, also called trial courts. Each district court may be subdivided
into divisions, and each has a bankruptcy court. The judge who served
the longest, and isn’t yet 65 years of age, is designated as the chief
judge. The chief judge has wide administrative duties as well as a
caseload. There were 678 district court judges as of 2010. - 60The District CourtsDistrict court magistrates handle the following:
-Civil consent cases
-Federal misdemeanor trials
-Preliminary hearings in felony cases (deciding whether the
defendants should be tried in the district court)
-Pretrial motions
There are full-time (eight-year term) and part-time (four-year term)
magistrate judges. - 61Courts of the U.S. TerritoriesArticle I of the Constitution provided for courts for U.S. territories.
These courts are called legislative courts. They function as territorial
trial courts. They preside over both state (territorial) and federal
questions of law. Congress sometimes gives these courts duties that
aren’t judicial in nature. The territorial court judges are appointed for a
term of 10 years. - 62Court of Veterans AppealsThe Court of Veterans Appeals was created in 1988 with exclusive
jurisdiction over the decisions of the Board of Veterans Appeals, the
VA administrative board that reviews decisions as part of the
Department of Veterans Affairs. The court is in Washington, DC, and
has seven judges. The cases heard by the court cover the spectrum
of veterans’ and survivors’ benefits, including disability benefits,
educational benefits, and VA loan eligibility. Its decisions may be
reviewed by the U.S. Court of Appeals for the Federal Circuit. - 63Court of Federal ClaimsEstablished in 1982, the Court of Federal Claims is the successor to
the Court of Claims, a trial court that had existed since 1855. If a
lawsuit filed against the U.S. government is for monetary damages in
an amount greater than $10,000, it will usually be tried here. Its
jurisdiction includes the following:
-Tax refunds
-Federal taking of property for public use
-Constitutional and statutory rights of military personnel and their
families
-Back-pay demands from civil servants claiming unjust dismissal
from employment
-Persons claiming injury due to childhood vaccines
-Federal contractors suing for breach of contract
Congress may refer a question to this court for a recommendation
concerning whether there’s a basis in equity for reimbursing a
claimant. This court’s decisions may be reviewed by the U.S. Court of
Appeals for the Federal Circuit. The court has 16 judges appointed for
15-year terms by the president, with the advice and consent of the
Senate. It’s located primarily in Washington, DC. - 64The Tax CourtCongress established the Tax Court in 1924 to decide disputes
between taxpayers and the IRS. Its decisions may be reviewed by one
of the Courts of Appeals and by the Supreme Court, by way of a
petition for a writ of certiorari. The U.S. Tax Court is based in
Washington, DC, but hears cases in about 80 different cities. It has 19
judges who are appointed by the president for 15-year terms.
This is the trial court for all lawsuits against the IRS for unlawful
seizures or taxation or to pursue a refund claim. - 65The Courts of AppealThe courts below the Supreme Court are the U.S. Courts of Appeals,
of which there are 12, plus the U.S. Court of Appeals for the Federal
Circuit and the U.S. Court of Appeals for the Armed Forces.
The U.S. Courts of Appeals are often referred to as circuit courts. The judges serve for life. This is the first appellate stop for
parties unhappy with the result of a district court or tax court decision.
There are 12 appellate courts, each hearing appeals from the district
courts of three or more states (except the DC Circuit). Every court of appeals has between 6 and 28 judges, usually sitting in
panels of three, with a chief judge (selected using the same process
as the district court chief judge), who serves for a maximum term of
seven years. Presently, there are 179 court of appeals judges
authorized by Congress. - 66The District of Columbia CircuitThe U.S. Court of Appeals for the District of Columbia, or the DC Circuit, is a special appellate court that hears cases evolving in the
District of Columbia. It also has appellate jurisdiction concerning
departments of the federal government. - 67The Court of Appeals for the Federal CircuitIn 1982, Congress merged the U.S. Court of Claims and the U.S.
Court of Customs and Patent Appeals to form the U.S. Court of
Appeals for the Federal Circuit. The court is in Washington, DC. It has
12 judges and hears appellate cases from the following:
-U.S. Court of Federal Claims
-U.S. Court of Veterans Appeals
-U.S. Court of International Trade
-International Trade Commission
-Board of Contract Appeals
-Patent and Trademark Office
-Merit Systems Protection Board
-Secretary of the Department of Agriculture (limited issues)
-Department of Commerce
-District court cases concerning patent or trademark or minor
federal claims
Military veterans live in every town
and city of the country. Veterans Administration (VA) facilities are in
several cities in every state. If the VA denies benefits to a veteran, the
first court the claim will see, once it’s out of the VA administrative
court system, is the U.S. Court of Appeals for the Federal Circuit. This is also true for patent and trademark claims and appeals of cases
decided concerning farming and agricultural production. - 68The Court of Appeals for the Armed ForcesThe Court of Appeals for the Armed Forces was created in 1951. It
was formerly known as the U.S. Court of Military Appeals. The court
strives to balance the need to maintain military discipline with the
need to afford members of the armed service, the rights of like civilian
defendants.
The court hears federal questions of law that arise from court-martials
from the military judicial system. These trials are held pursuant to the
Uniform Code of Military Justice (UCMJ) as formed within the United
States Air Force, Army, Navy, Marine Corps, and the Coast Guard.
Some of the legal issues involved in cases may include the following: - 69The Court of Appeals for the Armed ForcesPunishment for insubordination
Punishment for time absent without leave (“AWOL”)
Crimes ranging from desertion to murder
Government contracts
Legislation analysis
Reviewing command-ordered punishments
Appeals
International law
Classified matters
Soldiers who are court-martialed and given bad conduct discharges,
when they appeal their verdicts, take their cases to the military court of
last resort, the Court of Appeals for the Armed Forces.
The five judges, appointed for 15-year terms, are all civilians. The
chief judge serves for five years. The court is in Washington, DC.
There’s no right of hearing before the U.S. Supreme Court on issues
of military discipline. However, certain decisions of the U.S. Court of
Appeals for the Armed Forces are subject to review by the U.S.
Supreme Court:
Cases carrying the death sentence
Cases certified for review by the Judge Advocate General of the
armed service or by the general counsel of the Department of
Transportation (acting for the Coast Guard)
Cases where an accused, who faces a severe sentence, petitions
and shows good cause for review - 70Authority of U.S. CourtsArticles I and III of the Constitution and specific acts of Congress give
the federal courts the authority to decide certain cases. The cases
heard in federal courts must present a federal question. The sort of cases heard by federal courts (federal questions) may include cases involving:
-The U.S. government or one of its officers being sued or suing
someone
-State courts suspected of bias: These disputes include lawsuits
between two or more states, between a state and citizens of
another state, between citizens of different states, or between
citizens of different states in a dispute over land use or
ownership.
-Ambassadors, consuls general, and other public ministers
-International relations, in which citizens or representatives of
other nations or sovereigns may affect U.S. foreign relations
-Laws, treaties, and laws relating to navigable waters (the Great
Lakes, rivers, and oceans)
Interstate commerce
-Maritime, admiralty, or prize lawsuits
-Bankruptcy
-Criminal offenses against the laws of the United States
-Antitrust laws
-Election rights and voting disputes - 71Authority of U.S. Courts-The Postal Service
-Real property in which the federal government has a tenancy
-Federal labor disputes
-Native American allotments or land grants
-Federal environmental standards
While Congress decided that certain minor federal questions may be
tried in state courts, this just gives state and federal courts concurrent
jurisdiction. Suits between citizens of different states may be heard in
federal court only if the amount in controversy exceeds $75,000, not
including costs and interest. Whenever a state court decides an issue
involving a federal question (such as a constitutional right), the
decision is subject to review by the federal appellate courts.
Concurrent jurisdiction means that two different courts, such as state
and federal, have the same authority at the same time over a certain
case or class of cases. - 72Authority of U.S. CourtsSome common decisions subject to federal review include the
following:
-Limiting freedom of speech
-Limiting the right to privacy
-Limiting the right to a trial, counsel, silence, or the confrontation of
witnesses
-Taking property without due process
Federal questions arise frequently in criminal cases. They take many
forms, including
-The Fourth Amendment protection from unreasonable search and
seizure
-The Fifth Amendment right to remain silent and not testify against
oneself
-The failure of law enforcement to fully advise a defendant of their
rights before eliciting an admission or confession, as required by
the Fifth Amendment
-The First Amendment right to freedom of speech, which often
arises with arrests of protesters
-The Sixth Amendment right to the effective assistance of counsel
-The Fourteenth Amendment right to due process (a fair hearing)
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