Due Process Clause – Legal Memo

I’m trying to learn for my Law class and I’m stuck. Can you help?

Last week you began a new job working for Kelly & Associates, LLP, within their Social Security disability division. Your first day on the job found you meeting with Ms. Allison Moody regarding her disability claim. Ms. Moody heard through the local VFW that filing for a disability claim was easy, and applied for disability benefits online through the Social Security Administration’s website the very same day. However, that evening while watching 60 Minutes, Ms. Moody saw an advertisement for your firm offering free consultations for anyone who has been denied disability benefits. Although her claim has not been yet been denied, Ms. Moody is concerned and made an appointment the next morning.

Assignment Instructions

In preparation for your first client, your supervising attorney, Liam Joseph, has asked that you draft a 2-3 page memorandum discussing, at a minimum, the following issues:

  • The interests protected under the Due Process Clauses, providing examples of each.
  • The Fifth and Fourteenth Amendment Due Process Clauses, examining the incorporation doctrine.
  • The notice and hearing requirements under the Due Process Clauses. Be sure to examine the where, what, when, and counsel requirements, and whether they apply to Ms. Moody’s case.

Example Organization:

To: Liam Joseph, Supervising Attorney, Kelly & Associates, LLP

From: [Your Name]

Date: [Date memo submitted]

Re: [Client Name, specific description of subject matter of memorandum]

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