MCOLES State Licensing Practice Exam

Which two types of due process exist?

1. Administrative and Operational

2. Criminal and Civil

3. Procedural and Substantive

4. Reactive and Proactive

The correct answer is: Procedural and Substantive

Due process is a legal principle aimed at ensuring fair treatment within the judicial system. The two types of due process that exist are procedural due process and substantive due process. Procedural due process refers to the methods and procedures used to enforce the laws and protect individuals' rights. It emphasizes the importance of following fair procedures and giving individuals notice and the opportunity to be heard before any governmental action that could affect their rights or interests. Examples include the right to a fair trial or the right to contest a governmental decision. Substantive due process, on the other hand, focuses on the fundamental rights that individuals have, regardless of the procedures used. It protects citizens from arbitrary denial of life, liberty, or property. This type of due process ensures that certain fundamental rights, such as the right to privacy or the right to marry, cannot be infringed upon even if proper procedures are followed. Understanding these two foundational aspects of due process is crucial for grasping how legal rights and protections function within the legal system, making the answer choice that identifies procedural and substantive due process the correct one.