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41 Cards in this Set
- Front
- Back
Advisory opinions and certified questions
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1. no advisory opinions
2. Will answer certified questions from fed court on unsettled questoins of MA law 3. will answer important questions from gov, legislture, exec council |
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home-rule peition
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town may request that MA forbid sale of alcohol within borders
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Suspect classifications
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Strict scrutiny includes:
religious, ethnic, handicap, sex based discrimination **only apply when state and local laws **age not suspect |
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declaratoin on handicap
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1. gets strict scrutiny
2. forbids discrimination against handicapped person in any program or activity in commonwealth |
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Equality under law
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Equality under law can't be abridged or denied based on sex, race, color, creed, or national origin
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MA rational basis test
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Balance harm to disadvantaged class
AGAINST public purpose of classification **more bite than fed **classification survives if any facts can be conceived to justify it |
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Same sex marriage
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Denying marriage and protections to same sex couples is unconstitutional under MA consitution
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free election protection
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Declaration forbids state or private interference with electoral process
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Freedom of religion
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1. when burdens free exercise, must be narrowly tailored to compelling governmental interest
2. neutral law, claimaint must show (a) sincerely held religious belief (b) conflicts with and is burdened by state requriement State can rebut by showing: unusually important gov goal and exemption for claimant would hinder fulfillment of goal |
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Chapter 151B
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Employment discrimination only permissible when based on "bona fide occupational qualification"
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MA rational basis test
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Balance harm to disadvantaged class
AGAINST public purpose of classification **more bite than fed **classification survives if any facts can be conceived to justify it |
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Same sex marriage
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Denying marriage and protections to same sex couples is unconstitutional under MA consitution
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free election protection
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Declaration forbids state or private interference with electoral process
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Freedom of religion
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1. when burdens free exercise, must be narrowly tailored to compelling governmental interest
2. neutral law, claimaint must show (a) sincerely held religious belief (b) conflicts with and is burdened by state requriement State can rebut by showing: unusually important gov goal and exemption for claimant would hinder fulfillment of goal |
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Chapter 151B on employment
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Employment discrimination only permissible when based on "bona fide occupational qualification"
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Chapter 151B on housing
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forbids discrimination against any protected class in sale or lease of housing
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Chapter 151B on credit and services
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Companies that issue credit services can't discrimination against protected class OR
Practice economic discrimination like refusing to lend money in certain neighborhoods |
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Protected classes under Chapter 151B
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race, color, religion, national origin, ancestry, sex, sexual orientation, hanidcapped, age (when over 40), marital status
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Age discrimination under 151B
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Only protects those over 40
* mandatory retirement programs forbidden unless plan equals at least 44000 or tenured professor - don't protect against credit providers |
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Handicap under 151B
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Housing and meployers must make reasonable accommpdations, meaning won't impose undue financial or administrative burden on employer AND
wont' require employer to waive or disregard specific job functions |
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Sex discrimination under 151B
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Forbids job discrimination based on pregnancy or sex-related medical conditions
--can use sick leave during/after pregnancy --unpaid leave during birth --reasonably equivalent position upon return |
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Sexual harassment under 151B
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No hostile work environment
Includes same-sex |
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151B on sexual orientation
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Can't discrimination in awardin child custody
Doesn't protect homosexual marriage so cmps can deny benefits to gay partners |
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151B on religion
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can't impose condition of employment that would require individual to violate sincerely held religions belief
**focus on whether sincerely held |
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Procedure of 151B
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1. file complaint with MCAD w/in 6 mths (or continuing violation theory)
2. After iwth MCAD for 90 days or consent of commissioner, can file with superior court |
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Failure to file timely 151B complaint with MCAD
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Bars all 151B remedies
But not other common law or statutory claims |
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Burdens of proof under 151B
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typical burden shifting
1. p prevents prima facie case 2. d produces legitimate nondiscrimiantory reason 3. p shows pretext and discriminatory motive |
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Remedies for 151B violation
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injunctive relief and compensatory damages
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Failure to file timely 151B complaint with MCAD
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Bars all 151B remedies
But not other common law or statutory claims |
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Burdens of proof under 151B
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typical burden shifting
1. p prevents prima facie case 2. d produces legitimate nondiscrimiantory reason 3. p shows pretext and discriminatory motive |
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Remedies for 151B violation
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injunctive relief and compensatory damages
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charitable immunity and 151B
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charitable immunity cap on damages doesn't apply to actions udner 151B
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MA equal rights act
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all persons have right to
1) make and enforce contracts 2) purchase, lease, sell, real and personal property 3) equal beneit of laws |
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MA civil rights act
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forbids any person from interfereing or attempting to interfree with any right secured under MA or US constitution through threats, intimidation, or coercion
-includes any right with origin in fed or state statute or constitution --d must have forced or sought to force plaintiff to do something |
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MA equal pay act
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prohibits wage discrimination based on sex
Can't pay men and women different wages for "work of like or comparable character or work of liek or comparable operations" --maternity leave must be given |
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MA public accommodation law
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forbids housing in any place of public resort, accommdoation, or amusement
--includes private orgs taht own or lease space and highly selective in membership |
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injunction regulating speech
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1. injunction restraining litigant from discussing case in media is prior restraint on speech
2. only valid if compelling interest with no reasonable, less restirctive alternative 3. general interest in mainttaining child anonymity is not compelling to sustain injunction. Must show harmful effect of disclosure on kids |
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regs in residential areas
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public housing policy prohibiting door to door and soliciting violates rt to recieve and distribute communications
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freedom of speech in public school
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protects expressoin of studnets unless causes disruptoin ro disorder in school, even lewd or vulgar
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statute imposing crim liabiltiy for soliciting contributions and peaceful begging
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overbroad and unreasonable content based restriction on expressive activity
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right to bear arms
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no rt in mass declaration fo rights for private citizen to have arms SO ok to require license.
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