Studied by 34 peoplesegregation
practice of seperating persons in housing, education, public facilities, and other ways based on their race, color, nationality, or other arbitrary categorization
seperate-but-equal
the doctrine that allowed facilities to be racially segregated as long as they were 'basically' equal
Jim Crow
a statute or law created to enforce segregation in such places as schools, buses, and hotels
discrimination
the decision to treat or categorize persons based race, color, creed, gender, or other characteristics rather than on individual merit
The three tests to determine whether a law or government practice meets the equal protection requirement
The Rational Basis Test, the Strict Scrutiny Test, and the Substantial Relationship Test
The Rational Basis Test
a logical relationship between the treatment or classification of some group of people and the purpose of the law must be present
An example of _________ test; an age requirement to obtain a permit/license
The Rational Basis Test
The Strict Scrutiny Test
the state must show that discriminating law or practice serves a compelling (very important) interest and is "narrowly tailored" to achieve that interest
An example of _________ test; Loving v Virginia (interacial marriage case) did not pass this test
The Strict Scrutiny test
The Substantial Relationship Test
there must be a close connection - something more than a rational relationship - between the law or practice and its purpose
An example of _________ test; prohibiting beer sales to only men from 18 to 20 years (did not pass test)
The Substantial Relationship Test
remedy
what is done to compensate for an injury or to enforce some right
desegregate
to end the policy of imposing legal and social seperation of races as in housing, schools, and jobs
Brown v Board
segregation was declared unconstitutional
busing
used to segregate people - following use was to inegrate schools
affirmative action
steps taken to promote diversity in schools and the workplace by hiring minorities and women to make up for the past
Regents of the University of Berkeley v Bakke (1978)
the University reserved a certain number of spots to go to applicants from under-repersented racial groups - Bakke sued when he didn't get in because of this and won
Title VII of the Civil Rights Act of 1964
prohibits descrimination in employment based on race, color, sex, religion, national origin by businesses with more than 15 embloyees or by labor unions
1966 Supreme Court
found that poll tax was unconstitutional
Voting Rights Act of 1965
equality in the area of political rights
"Freclearance" Requirement
locations with history of racial discrimination in voting had to get permission before changing anything
Affirmative action Law School Admissions Case
Grutter sued University of Michigan Law School for denying her based on race because they prioritize minority groups - in the Supreme Court she lost
Affirmative Action Undergraduate Admissions Case
Gratz sued the University of Michigan for denying her entry even though she met the criteria perfectly, she didn't meet the criteria of being in a minority, Gratz won in the Supreme Court
Certiorari
granting certificate of apporval that the Supreme Court will listen to something
Gerrymandering
a traditional way to strengthen voting power is to redraw voting district lines to ensure that a particular group of people is included in the same district
incumbents
repersentatives already elected
bipartisan
two parties in a decision
nonpartisan
no bias in political leadings
Obergefell v Hodges
same sex couples sue - 14th Amendment
Age Discrimination in Empolyment Act (ADEA)
no age limits are allowed as a metric to fire people
Marks V Loral
accountant sues company for age discrimination
Americans with Disabilities Act (ADA)
passed to prevent social, economic, educational discrimination
Collective Bargaining Agreement (CBA)
establishes rights between employers and employees
Sexual Harassment
REPEATED unwanted sexual advances and/or remarks
Obscenity
the displaying of materials focused on sex
Prior Restraint
censorship before publication
Miller V California
prevents the distribution of obscene (explicit) materials
NY Times V Sullivan
one may not defame any public official through speech or publications
Brandenberg V Ohio
the government may not limit freedom of speech...unless it incites acts of illegal actions and violence
Near V Minnesota
established prior restraint only to be used in national security risks
Quid pro quo and a hostile environment are examples of ______________.
forms of sexual harassment
Quid pro quo
"this for that" type of sexual harassment
Hostile Environment
unwelcomed conduct of a sexual nature that is so severse or pervasice as to change the conditions of employment
The Rehabilitation Act of 1973
prohibits discrimination based on disability by the federal government, federal contractors, and recipients of federal financial assistance
Individuals with Disabilities Education Act (IDEA)
requires state to provide a free and appropriate education to children with special needs in the least restrictive setting possible
Architectural Barriers Act of 1968
all public buildings be made accessible
Fair Housing Act of 1968
forbids discrimination in the selling, leaasing, or financing of housing based on the race, color, religion, or national origin
A landlord may not refuse rent to a family with kids ________.
under 18 years of age
Steering
directing perspective buyers or renters to particular areas bevause of their age, race, or some other factor
Redlining
refusal by a bank or other lender to make loans for the purchase of homes in certain neighborhoods
Community Reinvestment Act
stops lenders from routinely rejecting loan applications from people attempting to buy homes in low income and minority neighborhoods
The _______ ______ Test is used for most cases that go to court
Rational Basis
The ____ ________ Test is used for constitutional issues
Strict Scrutiny
The ________ ________ Test must have a close connection between the law and purpose to
Substantial Relationship
The Fair Labor Standards Act
requires employers to pay minimum wage rates and to pay 1 1/2 times this rate for more than 40 hours worked in a week
The Equal Pay Act
requires equal wages for male and female
The Occupational Safety and Health Act
sets standards for safety and health
Employee Retirement Income Security Act
eligibility for workers in company pension plan
National Labor Relations Act
allows workers to legally engage in collective bargaining with their employers and prohibits discrimination based on union activities
Immigration Reform and Control Act
prohibits hiring of illegal aliens
Family Medical Leave Act
requires emplyers to grant workers up to 12 weeks of unpaid leave during any year for the birth or adoption of a child, or serious conditions of the worker or for a parent, spouse, or child
Community Standards Test
a test to indicate if material is considered obscenity
Defamation
a false expression of a person that damages their reputation
1st Amendment
freedom of religion, speech, press, etc
2nd Amendment
right to bear arms
3rd Amendment
no quartering of soldiers
4th Amendment
no unreasonable searches and seizures
5th Amendment
No Self-incrimination - due process of the law - fair procedures
6th Amendment
right to a lawyer, an impartial jury, and a speedy trial
7th Amendment
right to a jury trial in civil cases
8th Amendment
no cruel or unusual punishment
9th Amendment
the right to more rights than are written in the constitution
10th Amendment
powers not reserced to the federal government falls to the people and states
14th Amendment
equal protection of the laws
Intrusion (a tort)
someone is upon the privaacy of another in a highly offensive manner
Common Law Trespass
Invasion of privacy
Private Facts (a tort)
a publishing of highly offensive private information about someone which is not a legitimate concern to the public
False Light Privacy (a tort)
publicizing a highly offensive and false impression of another (this tort is close to defamation)
Appropriation (a tort)
using anothers name or likeness for some advantage without the others consent
The four torts of Privacy
Intrusion, Private facts, false light privacy, and appropriation
Parts of Defamation
Slander and libel
Slander
spoken defamation
Libel
written defamation
Note
Flashcard