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Source Trusts and Estates in MPT Complete MPT and Lawyering Skills List Showing the closest available flashcard practice.

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0 tracked cards Constitutional Law

A state statute provides that eligible residents "shall receive" monthly disability benefits unless the agency finds one of five listed grounds for termination. The agency cuts off a recipient's benefits after reviewing medical records but without giving advance notice or a chance to respond. The recipient sues for violation of procedural due process.
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The government may avoid due process by calling the benefit revocable in litigation, even if the statute limits termination to specified grounds. A full jury trial is required before any public benefit can be reduced. Only postdeprivation process is ever required when the government reduces public benefits. The recipient has a property interest if state law creates an entitlement to continued benefits, and the timing and form of process depend on the private interest, risk of error, value of additional safeguards, and government interest.

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