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Due Process and Hierarchy of Rights Quiz

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Due Process and Hierarchy of Rights Quiz

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Questions and Answers

What distinguishes statutory due process from constitutional due process?

Statutory due process is a limitation on private powers, while constitutional due process ensures governmental compliance.

Statutory due process is applicable in civil cases only, while constitutional due process applies to criminal and administrative proceedings.

Statutory due process protects employees from unjust termination, while constitutional due process protects individuals from government actions. (correct)

Statutory due process requires notice and hearing, while constitutional due process does not.

Why does a violation of the notice requirement not render an employee's dismissal void?

The Labor Code supersedes the Due Process Clause in such cases.

Notice and hearing are not necessary before exercising private power.

The employer's violation of the notice requirement is considered a denial of due process.

The Due Process Clause applies only to governmental powers, not private power like termination of employment. (correct)

What did the Court clarify in Serrano v. NLRC regarding the procedural due process requirement?

Procedural due process requirement is solely statutory and not constitutional. (correct)

Violation of procedural due process renders the dismissal void.

Procedural due process requirement is both constitutional and statutory.

The employer has the discretion to waive the procedural due process requirement.

Why was it clarified that violation of the notice requirement does not render the dismissal void?

Private power of termination is not subject to the Due Process Clause. Signup and view all the answers

What role does the Due Process Clause play in protecting individuals in various legal proceedings?

It limits the powers of both the government and private entities in legal matters. Signup and view all the answers

Why is notice and hearing required under the Due Process Clause?

To ensure individuals have a fair chance to respond before facing societal consequences. Signup and view all the answers

Why does the Due Process Clause not apply to termination of employment under Art. 283?

Termination of employment is considered a private power and not a governmental action. Signup and view all the answers

How does the requirement of notice and hearing differ between statutory due process and constitutional due process?

Statutory due process requires notice and hearing for valid dismissal, while constitutional due process requires them for ordinary legal proceedings. Signup and view all the answers

Why did the Court clarify that violation of the notice requirement does not void an employee's dismissal?

Statutory due process is independent of constitutional due process, allowing variations in procedural requirements. Signup and view all the answers

What makes notice and hearing less crucial in employment termination than in other legal proceedings?

Employment termination involves private powers, not societal consequences. Signup and view all the answers