Saturday, August 21, 2010

Do you know a whole about law vocabulary/supreme cases?

I am loking for someone who can help me understand law vocab.and what happened in the Goldber VS. Kelly ET AL.supreme court case.


Argued October 13, 1969


Decided March 23, 1970


I am a student studying law and my assignment is to tell what happened in this case and why. please help.Do you know a whole about law vocabulary/supreme cases?
It was basically about due process.





Someone was receiving welfare, but then the state decided that he was no longer eligible and told him that the payments would stop. He said, wait a minute, if you let me explain the circumstances, you'd see that I'm still eligible (it is called a ';hearing'; when someone is allowed to come in and tell their side of the story). The state said, fine, you can come tell us about the situation (we'll give you a ';hearing';), but first we are going to terminate the payments. If, after hearing your side of the story, we think you are still eligible, then we will start making the payments again. SO THE STATE OFFERED HIM A POST-TERMINATION HEARING.





The guy thought that he should get a PRE-TERMINATION hearing, and that the welfare payments shouldn't be stopped BEFORE he was able to explain his side of the story. So he sued the state.





The state argued that it would be too expensive and time consuming to give all welfare recipients a pre-termination hearing.





The case went all the way to the Supreme Court. The Supreme Court decided that it was unfair to terminate the payments without first hearing the guy's explanation of why he was still eligible. The court said WELFARE RECIPIENTS MUST BE ALLOWED A PRE-TERMINATION ';HEARING'; BEFORE THEIR PAYMENTS ARE CUT OFF.





Why? In the words of the court: ';The interest of the eligible recipient in the uninterrupted receipt of public assistance, which provides him with essential food, clothing, housing, and medical care, coupled with the State's interest that his payments not be erroneously terminated, clearly outweighs the State's competing concern to prevent any increase in its fiscal and administrative burdens.';





What ';vocab'; don't you understand?

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