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Flashcards in final Deck (49):
1

Is free speech expanding or declining?

Expanding

2

State institutions can't restrict freedom of speech

True

3

What is the first ammendment?

Congress protects freedom of speech

4

Limits of freedom of speech?

Clear and present danger, fighting words, obscenity, defamation

5

What is slander?

Spoken defamation

6

What is libel?

Written defamation

7

Commercial speech gets ____ protection; political speech gets ___ protection

Less; more

8

Examples of 'expressive conduct' of freedom of speech

Wearing armband, marches, kneeling during national anthem, signs, etc

9

Public schools have greater protection for first ammendment rights over private schools

True

10

Four classes of public property

1. Open public forum
2. "Designated" public forum
3. Limited public forum
4. Closed or non-public forum

11

Strict scrutiny analysis:

—regulation of speech is necessary to achieve a compelling gov’t interest
--regulation at issue is narrowly tailored/least restrictive to achieve that interest
--regulation of speech is content neutral

12

Time place + manner restrictions must be content neutral—3 part test—

1. justified w/o reference to content
2. narrowly tailored to serve significant gov’t interest
3. leave ample room for expression of viewpoint in other ways

13

What is hate speech?

Uses stereotypes that are intended to humiliate or stigmatize protected identities

14

Goals of on-campus housing

1. Social goals for students away from home
2. Access to extracurricular activities
3. Financial goals

15

What is a Housing/License Agreement?

1. outlines financial obligation, outlines dates, and terms and conditions of occupancy
2. college’s obligation to provide safe housing, heat, water etc.
3. student’s obligation to abide by rules, pay fees, abide by deadlines, visitation rules
4. outlines college’s rights to move student, expel student from housing, discipline student as consequence for breach of rules

16

Public colleges are subject to the 4th ammendment

True

17

Private colleges are subject to the 4th ammendment

False

18

What is a contract?

An agreement creating and defining the obligations between two or more parties

19

Contracts are enforceable in court

True

20

Contract law is different in every state

True

21

What are the two types of contracts?

Executed and Executory

22

What is an Executed Contract?

Contract is formed and performed at the same time. E.G., purchase of a candy bar, contract is performed by both parties at the moment of purchase

23

What is an Executory Contract?

Contract is formed at one time and performed later

24

What are the elements of a contract?

- legal capacity of the parties and of the object (aka 18+ and not insane)
- intent to be bound
- offer and acceptance
- consideration
- formalities

25

What is legal capacity?

Being of legal age, being declared mentally competent

26

What is legality of object?

i.e. gambling, prostitution, sale of contraband, agreement to work for less than minimum wage

27

What is intent to be bound?

Can be inferred from the completion of formalities (i.e. execution of contract required to be in writing)

28

What is consideration?

Each party must give something up; mutual obligation

29

What is estoppel?

Promisor makes a promise, and promisee relies upon promise, and changes his position to his detriment

30

What is formalities?

Certain contracts must be in writing

31

Essential terms of a contract

time, price, subject matter

32

What is an Act of God/Force Majeure Provision clause?

Relate to events outside human control (aka earthquakes, floods)

33

What is indemnification?

Agreement to be responsible for third parties (aka insurance company)

34

What makes a contract void?

contract is unenforceable from the beginning or “ab initio”—includes illegal subject matter; impossibility of performance

35

What makes a contract voidable?

contract with a minor or other person who lacks legal capacity is voidable at incapacitated person’s option

36

What makes a contract unenforceable?

1. Fraud
2. Mistake of fact
3. Duress
4. Undue influence

37

Two remedies for breach of contact:

1. Damages
2. Specific performance

38

What are damages?

Making up for what non-breaching party should have received (i.e. make parties whole)

39

What is specific performance?

order requiring performance by breaching party

40

What is Title VII of the Civil Rights Act of 1964?

- applies to entities thast affect interstate commerce
- prohibits discrimination in employment on the basis of race, color, religion, national origin and gender

41

What else does MA law prohibit discrimination on the basis of?

Marital status, sexual preference

42

What two areas do employers have to offer "accomodations" for?

Religion and Ability

43

5 types of discrimination claims

1. Disparate treatment; either direct evidence or inference
2. Disparate impact
3. Harassment
4. Failure to accomodate (religion or ability)
5. Retaliation

44

Two types of harassment

quid pro quo or hostile environment

45

What is a disability?

an impairment that substantially limits a major life activity

46

3 elements of a retaliation case

1. protected activity
2. adverse employment action
3. a causal nexus

47

What is affirmative action?

policies that take race, gender or ethnicity into account in an attempt to promote equality of opportunity and/or increase diversity

48

Goals of affirmative action:

- remedy past discrimination, either specific (at that institution) or in general
- promote diversity at all levels of society

49

Equal Protection Analysis:

1. They serve a compelling government interest
2. They are narrowly tailored to achieve the compelling government interest