S2 - Law Test #1 (Discrimination)

segregation

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