Professional Documents
Culture Documents
Goldberg V
Goldberg V
Kelly
Facts: John Kelly contested the legitimacy of processes for notification
and termination of the public assistance payments program without a
previous chance for a hearing to present evidence. The appellant does
not assert that the procedural due process does not apply to the cessation
of welfare payments. Such benefits are a legal right for those who are
eligible to receive them. Their termination is the result of governmental
action that adjudicates significant rights.
Rule: The basic need of legal due process is the right to be heard. The
hearing must occur at a significant moment and in a significant way.
These principles demand that a receiver be given timely and sufficient
notice of the grounds for a planned termination, as well as an effective
chance to defend himself by facing any opposing witnesses and verbally
presenting his own arguments and facts. In circumstances where
receivers have contested planned terminations on the grounds that they
are based on inaccurate or misleading factual premises or the improper
application of rules or policies to specific facts, these rights are crucial.