James 10 LA

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Which federal law prohibits race discrimination in the sale of commercial real estate. (A) Fair Employment and Housing Act. (B) Civil Rights Act of 1866. (C) Fair Housing Act. (D) Civil Rights Act of 1968.

(B) Civil Rights Act of 1866. Hint: Both the property owner, as the principal in a principal-agent relationship, and the real estate broker, as the one committing a discriminatory act, are liable to the victim of discrimination for violation of both state and federal fair housing laws. The owner's only recourse would be to bring a cross-complaint against the broker or agent within the same lawsuit for failing to comply with the owner's instructions.

The court case ______________ prohibits discrimination based on race by upholding the 1866 Civil Rights Act and the 13th Amendment to the U.S. Constitution, which prohibits slavery. (A) Easton v. Strassburger (B) Jones v. Mayer (C) Ragin v. New York Times Co. (D)Span v. the Avenel Corporation

(B) Jones v. Mayer Hint: Jones v. Mayer prohibits discrimination based on race by upholding the 1866 Civil Rights Act and the 13th Amendment to the U.S. Constitution, which prohibits slavery.

Which of the following is not a federal fair housing law? (A ) Civil Rights Act of 1866 (B) Jones v. Mayer (C) Civil Rights Act of 1968 (D) Fair Housing Amendments Act

(B) Jones v. Mayer Hint: The Civil Rights Act of 1866, the Civil Rights Act of 1968 and the Fair Housing Amendments Act are all federal laws. Jones v. Mayer is a Supreme Court Case (not a federal law) that supports and upholds a federal law (1866 Civil Rights Act) and the 13th Amendment to the U.S. Constitution

Discrimination on the basis of which of the following characteristics is prohibited by California's Fair Employment and Housing Act, but not by the federal Fair Housing Act? (A) Religion. (B) Sexual orientation. (C) Handicap. (D) National origin.

(B) Sexual orientation. Hint: The Fair Employment and Housing Act, insofar as it applies to housing discrimination, is broader than the federal law because it applies to certain kinds of discrimination that are not covered by federal law. The California statute prohibits discrimination on the basis of sexual orientation, medical condition, and source of income, none of which are prohibited by federal law.

The Civil Rights Act of 1968 expanded protected classes to include not only race, but also: (A) color, handicap, sex, and national origin. (B) color, national origin, religion, and sex. (C) familial status, sex, handicap, and color. (D) national origin, familial status, color, and religion.

(B) color, national origin, religion, and sex. Hint: In the financing, leasing, or selling of residential property, the Civil Rights Act of 1968 provided anti-discriminatory protection to five protected classes of people based on race, color, religion, sex, and national origin.

Which of the following, taken together, constitute the Fair Housing Act? (A) 1866 Civil Rights Act and Jones vs. Mayer (B) Civil Rights Act of 1968 and 1866 Civil Rights Act (C) Civil Rights Act of 1968 and the Fair Housing Amendments Act (D) 1866 Civil Rights Act and the Thirteenth Amendment

(C) Civil Rights Act of 1968 and the Fair Housing Amendments Act Hint: Title VIII of the Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988, taken together, constitute the Fair Housing Act

Paula tells her rental agent, Tom, not to violate the fair housing laws. Tom nevertheless wrongfully discriminates against a prospective tenant because he is Hispanic. A court would likely determine that (A) Paula is liable for Tom's conduct even though Tom is not. (B) Tom is liable for his conduct, but Paula is not. (C) both Paula and Tom are liable for Tom's act of discrimination. (D) neither Paula nor Tom are liable.

(C) both Paula and Tom are liable for Tom's act of discrimination. Hint: Both the property owner, as the principal in a principal-agent relationship, and the real estate broker, as the one committing a discriminatory act, are liable to the victim of discrimination for violation of both state and federal fair housing laws. The owner's only recourse would be to bring a cross-complaint against the broker or agent within the same lawsuit for failing to comply with the owner's instructions.

A private entity that owns property that is specifically designed to provide products or services to the public is a: (A) citizen suit provision. (B) conciliation. (C) public accommodation. (D) state action requirement.

(C) public accommodation. Hint: A public accommodation is a private entity that owns, operates, leases, or leases to, a place designed to provide products or services to the public.

Under the Fair Housing Act, lenders are prohibited from:(A)refusing to make a mortgage loan. (B) imposing different terms or conditions on a loan. (C) setting different terms or conditions for purchasing a loan. (D) doing any of the above.

(D) doing any of the above. Hint: One of the most noteworthy features of the Fair Housing Act is that it specifically prohibits, by definition if not by name, a number of practices that had informally amounted to discrimination. These practices include: (1) refusing to make a mortgage loan; (2) refusing to provide information regarding loans; (3) imposing different terms or conditions on a loan, such as different interest rates, points, or fees; (4) discriminating in appraising property; (5) refusing to purchase a loan; (6) setting different terms or conditions for purchasing a loan; and (7) redlining.

Why did Congress rely on the Commerce Clause instead of the Fourteenth Amendment as the basis for the Fair Housing Act? (A) Real estate discrimination is not specifically mentioned in the Fourteenth Amendment. (B) The Fourteenth Amendment was not in effect when Congress passed the Fair Housing Act. (C) The Fourteenth Amendment was repealed by the Twenty-Second Amendment. (D) The Fourteenth Amendment has a state action requirement, which means it generally cannot be the basis for legislation against private acts of discrimination.

D) The Fourteenth Amendment has a state action requirement, which means it generally cannot be the basis for legislation against private acts of discrimination. Hint: The U.S. Supreme Court has interpreted both the Due Process Clause and the Equal Protection Clause as having a state action requirement. While Congress can pass laws prohibiting various government entities or their employees from committing acts of discrimination, the Fourteenth Amendment does not empower Congress to do anything about private discriminatory conduct. However, the Commerce Clause gives Congress broad power to regulate businesses, which are private entities, including to prohibit private discriminatory acts


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