S2 Law and Society Final

practice of seperating persons in housing, education, public facilities, and other ways based on their race, color, nationality, or other arbitrary categorization

segregation

the doctrine that allowed facilities to be racially segregated as long as they were 'basically' equal

seperate-but-equal

a statute or law created to enforce segregation in such places as schools, buses, and hotels

Jim Crow

the decision to treat or categorize persons based race, color, creed, gender, or other characteristics rather than on individual merit

discrimination

The Rational Basis Test, the Strict Scrutiny Test, and the Substantial Relationship Test

The three tests to determine whether a law or government practice meets the equal protection requirement

a logical relationship between the treatment or classification of some group of people and the purpose of the law must be present

The Rational Basis Test

The Rational Basis Test

An example of \_________ test; an age requirement to obtain a permit/license

the state must show that discriminating law or practice serves a compelling (very important) interest and is "narrowly tailored" to achieve that interest

The Strict Scrutiny Test

The Strict Scrutiny test

An example of \_________ test; Loving v Virginia (interacial marriage case) did not pass this test

there must be a close connection - something more than a rational relationship - between the law or practice and its purpose

The Substantial Relationship Test

The Substantial Relationship Test

An example of \_________ test; prohibiting beer sales to only men from 18 to 20 years (did not pass test)

what is done to compensate for an injury or to enforce some right

remedy

to end the policy of imposing legal and social seperation of races as in housing, schools, and jobs

desegregate

segregation was declared unconstitutional

Brown v Board

used to segregate people - following use was to inegrate schools

busing

steps taken to promote diversity in schools and the workplace by hiring minorities and women to make up for the past

affirmative action

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

Regents of the University of Berkeley v Bakke (1978)

prohibits descrimination in employment based on race, color, sex, religion, national origin by businesses with more than 15 embloyees or by labor unions

Title VII of the Civil Rights Act of 1964

found that poll tax was unconstitutional

1966 Supreme Court

equality in the area of political rights

Voting Rights Act of 1965

locations with history of racial discrimination in voting had to get permission before changing anything

"Freclearance" Requirement

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 Law School 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

Affirmative Action Undergraduate Admissions Case

granting certificate of apporval that the Supreme Court will listen to something

Certiorari

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

Gerrymandering

repersentatives already elected

incumbents

two parties in a decision

bipartisan

no bias in political leadings

nonpartisan

same sex couples sue - 14th Amendment

Obergefell v Hodges

no age limits are allowed as a metric to fire people

Age Discrimination in Empolyment Act (ADEA)

accountant sues company for age discrimination

Marks V Loral

passed to prevent social, economic, educational discrimination

Americans with Disabilities Act (ADA)

establishes rights between employers and employees

Collective Bargaining Agreement (CBA)

REPEATED unwanted sexual advances and/or remarks

Sexual Harassment

the displaying of materials focused on sex

Obscenity

censorship before publication

Prior Restraint

prevents the distribution of obscene (explicit) materials

Miller V California

one may not defame any public official through speech or publications

NY Times V Sullivan

the government may not limit freedom of speech...unless it incites acts of illegal actions and violence

Brandenberg V Ohio

established prior restraint only to be used in national security risks

Near V Minnesota

forms of sexual harassment

Quid pro quo and a hostile environment are examples of \______________.

"this for that" type of sexual harassment

Quid pro quo

unwelcomed conduct of a sexual nature that is so severse or pervasice as to change the conditions of employment

Hostile Environment

prohibits discrimination based on disability by the federal government, federal contractors, and recipients of federal financial assistance

The Rehabilitation Act of 1973

requires state to provide a free and appropriate education to children with special needs in the least restrictive setting possible

Individuals with Disabilities Education Act (IDEA)

all public buildings be made accessible

Architectural Barriers Act of 1968

forbids discrimination in the selling, leaasing, or financing of housing based on the race, color, religion, or national origin

Fair Housing Act of 1968

under 18 years of age

A landlord may not refuse rent to a family with kids \________.

directing perspective buyers or renters to particular areas bevause of their age, race, or some other factor

Steering

refusal by a bank or other lender to make loans for the purchase of homes in certain neighborhoods

Redlining

stops lenders from routinely rejecting loan applications from people attempting to buy homes in low income and minority neighborhoods

Community Reinvestment Act

Rational Basis

The \_______ \______ Test is used for most cases that go to court

Strict Scrutiny

The \____ \________ Test is used for constitutional issues

Substantial Relationship

The \________ \________ Test must have a close connection between the law and purpose to

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 Fair Labor Standards Act

requires equal wages for male and female

The Equal Pay Act

sets standards for safety and health

The Occupational Safety and Health Act

eligibility for workers in company pension plan

Employee Retirement Income Security Act

allows workers to legally engage in collective bargaining with their employers and prohibits discrimination based on union activities

National Labor Relations Act

prohibits hiring of illegal aliens

Immigration Reform and Control 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

Family Medical Leave Act

a test to indicate if material is considered obscenity

Community Standards Test

a false expression of a person that DAMAGES their reputation

Defamation

someone is upon the privaacy of another in a highly offensive manner

Intrusion (a tort)

Invasion of privacy

Common Law Trespass

a publishing of highly offensive private information about someone which is not a legitimate concern to the public

Private Facts (a tort)

publicizing a highly offensive and false impression of another (this tort is close to defamation)

False Light Privacy (a tort)

using anothers name or likeness for some advantage without the others consent

Appropriation (a tort)

Intrusion, Private facts, false light privacy, and appropriation

The four torts of Privacy

Slander and libel

Parts of Defamation

spoken defamation

Slander

written defamation

Libel

conduct that falls below the standard established by law for protecting others against unreasonable risks of harm

negligence

elements of negligence

Each \_______ must be proven by a preponderance of evidence to convict negligence

Duty, Breach of Duty, Causation, Damages

4 Elements of Negligence

the defendant or accused wrongdoer, owed a duty of care to the plantiff, or injured person

Duty (element of negligence)

the defendant's conduct breached or violated that duty

Breach of Duty (element of negligence)

the defendant's conduct caused the plantiff's harm

Causation (element of negligence)

the plantiff suffered actual injuries or losses

Damages (element of negligence)

reasonable care

Tort law requires that you use \________ \____ to protect other persons from harm when they are on your property

tresspassers injury

Tort law does not require you to be responsible for \___________ \______

the reasonable form of care that must be placed upon the landowners in the situation that allows children to unknowingly wander onto property and get injured

Attractive Nuisance

plantiff may not recover damages from the defendant if your own negligence contributed in any way to the harm

contributory negligence

dividing the loss according to the degree to which each person is at fault

comparitive negligence

the defendant ends up suing the other for damages

counterclaim

used as a defense when a person voluntarily encounters a known danger and decides to accept the risk of danger

assumption of risk

if someone did everything in their power to prevent harm in their action, but something still went wrong (only need to prove causation and damages)

strict liability

the legal responsibility of manufacturers or sellers for injuries caused by defective products

Product Liability

The law has traditionally held owners strictly liable for any harm caused by their untamed animals

strict liability (animals)

If the harm would not have occurred without the wrongful act

Cause in Fact

there must be a close connection between the wrongful act and the harm caused

Proximate Cause

if a man denies being a child’s father, the mother may bring a \________, or action in court to establish his fatherhood, and force him to pay for prenatal care and child support

paternity suit

children are free from the legal custody and control of their parents

emancipation

require adult children to care for their elderly parents

family (filial) responsibility laws

A child who misses school without justification

truant/truancy

Parents have a legal duty to protect and supervise their children’s health.

Medical Care

Parents may decide what is best for their children as long as they do not abuse or neglect them. There are no minimum requirements for the number of hours parents must spend with their children

Care and Supervision

forces parents to be responsible for damages caused by any driver in the family

Family Car Doctrine

any adult or older child inflicts or threatens to inflict intentional physical, emotional, or sexual harm on a child

Child Abuse

occurs more frequently than child abuse and involves the failure to properly feed, clothe, shelter, educate, supervise, or tend to the medical needs of a child

Child Neglect