Mid term exam

Question 1

Remedies?` (8) (Assuming plaintiff wins)

Answer 1

1) Reinstatement to employment (or buy out)
2) Injunction (cease and desist)
3) Back pay
4) Front pay (age discrimination, payment for future)
5) Compensatory damages (emotional distress, pain and suffrage)
6) Punitive damages (punish defendant; look at financial size of employer
- need to find malice action
7) Attorney Fees (“Fee Shifting”)
8) Costs

Question 2

Precedent?

Answer 2

1) Lower courts must follow decisions of higher courts
2) Generally, all courts should follow their own prior decisions
* *think (pre)vious**

Question 3

Order of Federal courts?

Answer 3

US district court (1 judge - trial court)
US court of appeal (3 judges - circuit)
US supreme court (9 justices - cert)

Question 4

Order of state courts? (NJ)

Answer 4

NJ superior court (law division- trial court)
Appellate court (2 or 3 judges)
NJ supreme court (7 judges)

Question 5

How to start a lawsuit?

Answer 5

1) Plaintiff files complaint
a. “Allegations”
2) Defendant files answer to complaint
a. “Admit, deny, without knowledge” (default, [not answer complaint])
3) Mediation
4) Discover: exchanging information (could take years)
a. Interrogations (questions asked)
b. Request Documents
c. Depositions (testimony; make transcript; “The Record”
5) Motion for summary judgment
6) Trial

Question 6

Burdens of proof?

Answer 6

• Criminal: prosecutor → “beyond a reasonable doubt”
• Civil: plaintiff→ “ preponderance of evidence”
• At 50/50% tie → defendant wins

Question 7

Contracts?

Answer 7

• Offer + Acceptance then you have a contract
• Each state has own contract laws
• Counteroffer is a reject of the contract
• 50-50 cases are won by defendant

Question 8

Title VII of civil rights act (1964)

What does it protect?

Answer 8

-Race
-Color
-Sex
-Religion
-National Origin
(“Immutable characteristics” all except religion)

Question 9

Equal Employment Opportunity Commission? (EEOC)

Answer 9

• 15 or more employees
  -Procedure-
  •Charge of discrimination (180 days/ 300 days)
  •Statement of position
  •Mediation: both sides have to agree to mediate
  •Investigation
  •Determination and issue Right to Sue letter
  •90 days of your receipt of RTS letter to file lawsuit

Question 10

Sexual Harassment?

Answer 10

-Title VII (sex)
-NJLAD (NJ Law Against Discrimination)
-“Unwanted Sexual Advances
oQuid Pro Quo:
•“This for that”
•Power Imbalances
•Boss to the secretary; making her do things to keep job (fear of termination)
oHostile Work Environment:
•Sexual
•Racial etc.

Question 11

Why “english only rule” and when is it appropriate?

Answer 11

Why:
-Safety issues
-Courtesy
Appropriate when:
-Narrow scope
-Business purpose

Question 12

Disparate Impact?

Answer 12

1) Facially-neutral policy
- Apply to all workers (not specific on any one ethnicity)
2) Disp. Impact on protected class (Latino)
3) Business Purpose

Question 13

Can an employer require a worker to be a US citizen?

Answer 13

• Federal government jobs: YES

- Private Sector: NO

Question 14

Parts of a case briefing? (6)

Answer 14

1. Facts
2. Procedure
3. Issues
4. Holding
5. Reasoning
6. Disposition

Question 15

Reconstruction Era Civil Rights Laws? (2 sections)

Answer 15

• citation of a law (legal citation)
o Ex: volume 42, section 1981, U.S.C. (united States Code)
• Section 1981
o Race discrimination
o Applies to both public & private sector
o Intentional discrimination
• Section 1983
o Only applies to public sector (state action)
• No claims can be made in a private institution setting

Question 16

What is “Do not darken my doorstep” provision?

Answer 16

provision in a settlement that makes the plaintiff agree to not reapply to work for company

Question 17

Types of trials? (2)

Answer 17

• jury trial

- bench trial (only judge, no jury)