ENG331 Quiz 2

what did precedent suggest regarding Kelo v. City of New London?

Congress is not limited din their power to seize property w just compensation

who wrote minority in Graham v. Florida?

Thomas, Alito thomas: constitution doesn't bring up narrow proportionality

Ledbetter v. Goodyear Tire and Rubber Co., 550 U.S. 618 (2007) two legal things it dealt with:

Title VII (title 7) Amendment XIV (14th)

Uniform Commercial Code: ________________ can only be sued within ________•

Uniform Commercial Code: Contract breach can only be sued within six years after breach—after that too bad.

NLDC recommends what?

Use of eminent domain

Ledbetter v. Goodyear Tire and Rubber. what year did it see supreme court?

(2007)

What is a felony?

--"A crime which is punishable by death or imprisonment in the state penitentiary" --("Versus misdemeanor) "Offenses lower than felonies and generally those punishable by fine or imprisonment otherwise than in penitentiary. "

what are the filing periods for EEOC claim?

-180 or 300 days depending on state -180 days in Alabama

Reasons to ammend graham v. florida and take graham's side ?

-he could mature and change -Life in prison without the possibility of parole gives no chance for fulfillment outside prison walls, no chance for reconciliation with society, no hope."

lily was ____ of ___ male middle managers?

1 of 15

Cruel and Unusual if (list 4)

1. Degrades human dignity, example torture 2. Inflicted arbitrarily 3. Rejected clearly throughout our society 4. Ignored other options and unnecessarily cruel.

Winnebago County lawyer (mark mingo) argue (list 3)

1. Due process clause does not require state to protect citizens from individuals 2. Meant to protect citizens from the state abusing power 3. Certain cases in which state is responsible for protecting individuals, but this is not one of them o Prisoners, mental health patients

Graham v. Florida path to supreme court?

1. Graham filed a motion in the florida trail court hearing based on 8th am 2. First district court of appeals in florida affirmed the trail courts denial 3. Supreme court

Terrane Graham

1. Parents do drugs 2. He has ADHD and also is into drugs 3. First Robbery was at age 16 (guy got stitches)

What were the steps of the Ledbetter v. Goodyear Tire and Rubber Co., 550 U.S. 618 (2007) case?

1. Submits questionarrie to EEOC 1998 2. Submit formal EEOC charge in 1998 3. Heard in Federal District Court (Trial Court) a. Finds for Goodyear on Equal Pay Act claim (allows pay differences based on merit) but allows Ledbetter's claim to go forward to Title VII -Jury finds her awarding back pay and damages- -3 million but judge reduces to 360,000 4. U.S. Court of Appeals: She can only sue on pay discrimination occurring during that period not accumulating over the years 5. U.S. Supreme Court- upholds U.S. court of appeals

Robbery elements

1. intent to steal 2. taken by force or putting people in fear 3. takes personal property 4. Trespassing on possession of another

factors that contribute to New London economy sucking and them thinking they needed to take over the land? (list 3)

1. most buildings were bad 2. miltitary closed 3. of 115, 15 refused to sell

Burglary elements

1. place must be dwelling house 2. house must be that of another 3. breaking must occur 4. entering must occur 5. must be at night 6. intent to commit a felony within the huose

what year was Deshaney v. Winnebago County DSS? What other name is known other

1989

Graham v. Florida was what year

2010

In his first case what happened to Graham?

3 years w/probabation (1 year in prison). Less than 6 months after he got out of jail attempted to rob a home and then another home. Flees scene and gets in a police chase. Police catch him and find 3 guns in the car.

who gives majority in Ledbetter v. Goodyear Tire and Rubber Co? What do they say?

Alito 1. she didn't file in time 2. each paycheck is not a discrete act 3. should have filed after first pay check 4. protect employers- if this is allowed how could they find witeness / records so far off

who delivered minority in Deshaney v. Winnebago County? What did they say? (list 2)

Brennan, Blackmun 1. DSS assumes role of protecting citizens once report is filed 2. Failure to act after knowing to extent of abuse was much of an abuse of power as stepping in on private matters

questions of Ledbetter v. Goodyear Tire and Rubber Co., 550 U.S. 618 (2007)

Can a plaintiff bring a salary discrimination suit under Title VII of the Civil Rights Act of 1964 when the disparate pay is received during the 180-day statutory limitations period, but is the result of discriminatory pay decisions that occurred outside the limitations period?

outcome of second robbery for Terrance Graham ?

Court finds him guilty of violating probation. Gives him life in prison without parol

Deshany lawyer (donald sullivan) argues that

Department of social services failed to act on Joshua's behalf. Failed Joshua because they didn't do anything when they knew it was ****ed

Difference of around what for Lily Lettbetter?

Difference of 18,108 a year

Question of Graham v. Florida?

Does imposing a life sentence in prison without parole on a juvenile, who did not commit homocide, violate the 8th amendment's prohibition against cruel and unusual punishment?

Kelo v. City of New london question

Does the city of New London Violate the 5th amm public use provision of the taken clause by utilizing eminent domain to take private property, and sell it to private developers with the aim of further developing the city's poor and slowing economy?

question of the Deshaney v. Winnebago case

Does the fourteenth amendment's Due Process clause constitutionally require a state to intervene in protecting residents from actions of private parties that may infringe on their life, liberty, property?

what does EEOC stand for

Equal Employment Opportunity Commission

Graham argument vs. Florida argument what each group argued

Graham: 1. Juveniles should be treated nicer 2. should be able to prove themselves ADD MORE Court: 1.Constitution fails to bar this type of punishment for juveniles 2. state by state consideration of juvenile crime 3. no national census on life in prison for juveniles 4. 38 states allow life in prison

Precedent case in Graham v. Florida?

Gregg v. Georgia

who wrote majority in Graham v. Florida?

Justice Kennedy -8th amendment should have narrow proportionality and forbids life sentence without parole - minors lack maturity

Arguments in Kelo v. New London

Kelo: 1. Bright line rule- economic development does not count as "public use" 2. ask that their be a requirment of "reasonable certainty" to gaurantee benefits will actually come City: 1. The area was so distressed and so redevlopmement is justified 2. City has spend debious time carefully constructing plan 3. Specific state statues referring to precedent from other cases

who delivered majority in Deshaney v. Winnebago County? What are 3 things they argued?

Majority: Rehnquist • Due process does not allow state to step in on private matters • If Joshua had been removed could have violated due process laws • Should be left to individual states to determine fails in abuse cases, but cannot city Due Process Clause

NLDC stands for?

New London Development Corporation

What was the precedent in Deshaney v. Winnebago County?

Precedent: 1. Harriv v. McRae: No obligation to fund abortion 2. Lindsey v. Normet: No obligation to provide adequate housing 3.Youngberg v. Romeo: State is under no constitutional duty to provide substantive service for those within its border a. State can do this if they want

Procedural Due Process: Substantive Due Process:

Procedural Due Process: Legal doctrine that requires government to follow fair procures before depriving a person of life, liberty, happiness . Substantive Due Process: Includes the right to raise one's child as a parents, right to work a normal job, right to marry

who gives minority in Ledbetter v. Goodyear Tire and Rubber Co

RBG 1. Discrimination occurs over time in small increases that increase with time 2. People cannot know what others of same work are making 3. Goodyear knows and if they don't they suck 4. Discrimination continues today 5. Lilly is a member of a protected class- female 6. Congress pass a bill!

Eminent Domain

Right to expropriate private property for public use, with payment of compensation based on taken clause.

what year did the public act happen in response to Lilly Ledbetter? what did it do?

The Lilly Ledbetter Fair Pay Act of 2009 is a federal statute in the United States that was the first bill signed into law by US President Barack Obama on January 29, 2009. -The Act amends the Civil Rights Act of 1964 and states that the 180-day statute of limitations for filing an equal-pay lawsuit regarding pay discrimination resets with each new paycheck affected by that discriminatory action.

when was EEOC established? why was it?

o 1964 Civil Rights Act

5th Amendment

right to be heard by a grand jury, "nor shall private property be taken for public use without just compensation"

What happened in Deshaney v. Winnebago County

• Randy and step mother parents to Joshua • Joshua was 4 Randy beat him severely and he had brain trauma • Resulted in him being severely handicapped and spent the rest of his life in a facility • Joshua and his mother sue social services for negligence under 14th amendment

What happens that sparks Lily's case?

•"Salaries of fellow managers" note on the desk •Paid much more than she (40% more by retirement) • Performed same jobs as she had •Worked fewer years than she had