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19 Cards in this Set
- Front
- Back
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What did the Civil Rights Act of 1866 do?
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guaranteed property and contract rights regardless of race
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If the EEOC investigates a charge of discrimination and thinks that there is reasonable cause to believe that there has been a Title VII violation, what do they do?
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they send in a neutral 3rd party who comes in and offers suggestions to solve the problem
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What types of discrimination are prohibited under Title VII? (In other words, what are the categories protected by Title VII?)
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race, color, religion, sex, national origin
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What is disparate treatment
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when an employment practice specifically deals with a title VII protected category
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what is the disparate treatment test?
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1. P must show:
-member of a protected class -qualified -suffered a negative employment consequence 2. D must articulate a legitimate purpose for the decision 3. P must show that the legitimate business purpose was a mere pretext for illegal discrimination |
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What is a Bona Fide Occupational Qualification (BFOQ)?
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does it relate to the essence or central mission of the employer's business?
ex- priest catholic **Race is never a BFOQ |
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What is disparate impact?
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when employment practice is neutral on its face but has a discriminating result
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What is the test for disparate impact?
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1. does business practice have a disparate impact on a title VII case?
2. D must show the business necessity of the practice. (must show that the test relates to job performance) 3. P must show that the business necessity is a mere pretext for illegal discrimination |
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What are the 4 elements of a valid contract?
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-mutual agreement
-consideration -legality of object -capacity of parties |
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What does the term intentional mean as it applies to tort law?
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volitional act committed with the substantial certainty that harm will result
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reasonable person standard.
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never behaves in a risky way.
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What are the names of the two primary duties that landlords have with respect to their tenants?
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-covenant of quiet enjoyment
-implied warranty of habitability |
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Idea/Expression Dichotomy.
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ideas are NOT copyrightable, but the way an ideas is expressed IS
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What is the adversarial process?
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It is better for 10 guilty men to go free than for 1 innocent man to go to jail
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Understand the ruling in the case of UAW v. Johnson Controls. What does this case tell us about employment discrimination?
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it doesn't matter if you were doing it for a good reason, it is still discrimination according to BFOQ
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What legal principle do we get from the Palsgraf v. Long Island Railroad case?
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in order to be held liable for negligence, the injury must be foreseeable.
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hat legal principle was established in the case of Marbury v. Madison?
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power of judicial review was established over FEDERAL govt.
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What are the four questions we ask in every tort case? (universal tort analysis)
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1. Is there a legally protected interest
2. What is the nature of the defendants conduct 3. is there a sufficiently close connection b/w the D's action and the P's injury 4. Are there any defenses? |
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What are the five protections granted by the First Amendment?
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-Freedom of Speech
-Freedom of religion -freedom of press -freedom of assembly -freedom to petition the government for a dress of grievances. |
