Studied by 2 peoplepractice 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
Note 
Flashcard (46)