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

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

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

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

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

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 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

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

The Substantial Relationship Test

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

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

segregation was declared unconstitutional

used to segregate people - following use was to inegrate schools

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

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

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

found that poll tax was unconstitutional

equality in the area of political rights

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

Grutter sued University of Michigan Law School for denying her based on race because they prioritize minority groups - in the Supreme Court she lost

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

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

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

repersentatives already elected

two parties in a decision

no bias in political leadings

same sex couples sue - 14th Amendment

no age limits are allowed as a metric to fire people

accountant sues company for age discrimination

passed to prevent social, economic, educational discrimination

establishes rights between employers and employees

REPEATED unwanted sexual advances and/or remarks

the displaying of materials focused on sex

censorship before publication

prevents the distribution of obscene (explicit) materials

one may not defame any public official through speech or publications

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

established prior restraint only to be used in national security risks

forms of sexual harassment

"this for that" type of sexual harassment

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

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

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

all public buildings be made accessible

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

under 18 years of age

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

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

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

Rational Basis

Strict Scrutiny

Substantial Relationship

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

requires equal wages for male and female

sets standards for safety and health

eligibility for workers in company pension plan

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

prohibits hiring of illegal aliens

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

a test to indicate if material is considered obscenity

a false expression of a person that DAMAGES their reputation

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

Invasion of privacy

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

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

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

Intrusion, Private facts, false light privacy, and appropriation

Slander and libel

spoken defamation

written defamation

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

elements of negligence

Duty, Breach of Duty, Causation, Damages

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

the defendant's conduct breached or violated that duty

the defendant's conduct caused the plantiff's harm

the plantiff suffered actual injuries or losses

reasonable care

tresspassers injury

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

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

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

the defendant ends up suing the other for damages

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

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)

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

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

If the harm would not have occurred without the wrongful act

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

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

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

require adult children to care for their elderly parents

A child who misses school without justification

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

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

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

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

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