Exam 2 Flashcards

1
Q

Called Teachers

A
  • Teachers who took religious classes and had to perform religious things
  • Hosannah-Tabor v. EEOC
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2
Q

Halakha

A
  • Encompasses Jewish Law
  • Comes from a word meaning “path”
  • Comes from the Torah, Mishnah, and Talmud
  • Rabbinic interpretation
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3
Q

Trinity Western Case

A
  • Canadian case where a Christian law school wanted to not admit LGBT students
  • The court recognized both constitutional issues but decided to protect the LGBT students
  • Cited in Multani case
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4
Q

Canon Law

A

-Roman Catholic Law

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5
Q

Lay Teachers

A
  • Nonreligious teachers

- Hosannah-Tabor v. EEOC

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6
Q

Ministerial Exception

A
  • An exception to employment law based on whether one is a minister
  • Allows churches to do things like all male clergy
  • Comes up in Hosanna v Equal Employment / Perich Case
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7
Q

Public Good

A
  • Can easily be used in both sides of an argument

- Used as the majority opinion’s justification in the Gobitis decision

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8
Q

Multani Case

A
  • Canadian case about a Sikh boy taking his kirpan to school
  • The school used the Trinity Western Case as precedent
  • The Sikh family used the Amselem case as precedent
  • The court ruled in factor fo the Sikh family
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9
Q

JFS Case

A
  • An English case
  • JFS gives priority to Jewish students which is legal
  • JFS did not give priority to a boy who claimed he was Jewish as JFS did not recognize his Judaism
  • The head Jewish person also did not recognize this boy’s Judaism
  • There was a concern this was a violation of the Race Relations Act
  • The English court ruled in that this was a violation of the Race Relations Act
  • This prompted schools to give priority to those who could do well on Jewish knowledge tests which did not always coincide with Jews
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10
Q

Hosanna-Tabor v. EEOC / Perich Case

A
  • A teacher got narcolepsy and when she returned to her job, she was already replaced
  • She claimed a violation of the ADA
  • Perich was a called teacher
  • The court unanimously ruled in favor of the school citing a ministerial exception to the ADA
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11
Q

Sharia

A
  • Islamic law
  • Comes from a word meaning “path to water”
  • Comes from the Quran, Hadith, and past experts
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12
Q

Gobitis Case

A
  • 1st Flag case
  • Taken to the court by Jehovah’s Witnesses who claimed the pledge was idolatry
  • Free exercise concern
  • The Court ruled against the children based on protecting the public good
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13
Q

Quran

A
  • A holy book for Muslims

- A series of revelations that came to prophet Muhammed from 609-632 CE

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14
Q

West Virginia v. Barnette

A
  • 2nd Flag case

- RUled in favor of student based on freedom of speech

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15
Q

Kirpan

A
  • A ceremonial dagger used by baptized Sikhs

- The issue in the Multani case

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16
Q

Conservative Judaism

A

-Mostly follows Halakha

17
Q

Margin of Appreciation

A
  • Essentially federalism for Europe

- power to the countries like power to the states

18
Q

Orthodox Judaism

A

-Follows all of Halakha

19
Q

Talmud

A
  • Rabbinic interpretation of the Mishnah

- Part of Halakha

20
Q

Lautsi Case

A
  • Italian case about having crosses in classrooms
  • Lautsi claimed a violation of her religious freedom
  • The Italian court ruled for the school
  • Lautsi appealed to the European court
  • The 1st decision said crosses were an active symbol and sided with Lautsi
  • Grand Chamber sided with Italy and said this was a matter for the margin of appreciation
21
Q

Mishnah

A
  • Rabbinic interpretation of the Torah

- Part of Halakha

22
Q

Reform Judaism

A
  • Not invested in following Halakha for its own sake
  • Less strict about conversions
  • Less strict about Matrilineal Descent
23
Q

Fiqh

A
  • Islamic jurisprudence
  • The knowledge and practice of Sharia
  • Experts of Fiqh help interpret Islamic law in a modern age
24
Q

Matthew

A

-Christians are still bound to Halakha

25
Q

Romans

A
  • Letter from Paul

- Jesus was the end of Halakha

26
Q

Hadith

A
  • A tradition about what the prophet did during his lifetime

- 6 main collections (collections are not exclusive and may contradict)

27
Q

Galatians

A
  • Letter from Paul

- Jesus was the end of Halakha