54 terms

Gender/law in society final

In an Oklahoma case, Craig v. Boren, the Court decided that a state law which prohibited the sale of 3.2% beer to males under 21 and to females under 18 was...
Discriminatory because the statistical basis for the law was insufficient.
In the case of Michael M. v. Superior Court (1981), the Court ruled that California law at that time which prosecuted males for certain statutory rape crimes, but not females, was constitutional because?
Young men and young women are not similarly situated with respect to problems and risks of sexual intercourse.
In Michael D. v. Gerald H, the petitioner, Michael, sought visitation rights to his daughter whom he procreated through an adulterous union. How did the Court rule?
That he had no visitation rights because it might interfere with the father-child bond that existed between the mother's husband and the child.
In the court case Orr v. Orr, the U.S. Supreme Court determined that paying alimony (spousal support) to a divorced spouse...
Should favor neither men nor women.
In the case of United States v. Virginia (VMI) (1996), VMI utilized an "adversative method" as a military training exercise for its all-male student body. The U.S sued Virginia claiming it violated equal protection because it prohibited the admission of women, whereupon Virginia set up a special parallel program for women at a nearby women's college. The U.S. maintained that the parallel program was insufficient to address the problem as well. How did the court rule on the matter?
It ruled that the parallel program also violated equal protection.
The constitutional standard for determining whether a particular state law or action is constitutional as to gender discrimination is to initially view it as:
Title VII of the 1964 Civil Rights Act prohibits employment discrimination based on:
Race, Religion, Sexual orientation, National origin and Sex.
In Johnson v. Transportation Agency, a county agency had a vacancy for a full-time dispatcher who could demonstrate that he or she was "highly skilled." Out of 200 positions, a woman did not hold on highly skilled position as the company. A male and female were both well-qualified with the male receiving the better interview score; however the female was hired and the male sued the county maintaining that he was victim of sexual discrimination. How did the Court rule?
That the county could use sex as one factor in making its choice.
What discriminatory practices are prohibited by Title VII of the 1964 Civil Rights Act?
Hiring & Firing, Job advertisements, Recruitment, Retirement plans & disability leave, and Use of company facilities.
The standard that the courts have imposed upon the government to justify a law or action that violates equal protection as to gender is:
A substantial state interest.
In the case Coy v. Iowa, Coy was arrested for sexually abusing two young girls, neighbors who were sleeping in a tent in their backyard. The girls were traumatized by the vent so the prosecution argued that the girls should be allowed to testify behind a screen rather than in open court. Coy argued that it violated his 6th Amendment right to confront witnesses against him? How did the Court rule?
There was no specific evidence in this case that special protection was needed.
Do children who allege sexual abuse have to produce a corroborating witness in order to prove their allegations?
No states require corroboration. (ever since 1980)
Which parent has the right to determine the religious education or attendance at religious services for a child?
Both parents but only when the child is in their custody or when visitation rights are being exercised.
California law states that when a child is to be given his or her surname (i.e. Jones, Gonzalez)...
There is no primary right for either parent to use his or her name.
What will the Court grant child visitation rights if the Court believes it is in the best interest of the child?
The Father, The Mother, The Grandparents, Aunts and Uncles, or Close friends of the family.
The term "transmutation" in the context of martial dissolutions (divorces) refers to:
Any form of separate or community property converting to the other form.
In re Marriage of Steinberger, H (husband) claimed that he was entitled to one-half interest in the 5th wedding anniversary diamond ring he purchased for W (Wife) because he purchased it with community property: how did the Court rule?
It awarded H a one-half interest in the ring.
Once married, community property includes which of the following?
Household earnings.
Joan loans $4,000 of her separate property to her sister Jill. Jill repays Jane the full amount. Joan then uses the entire amount to fund a savings account solely in her name. When Joan divorces Bill can she claim the $4,000 as her separate property interest?
Yes, if she can prove by tracing that the monies came from her separate property.
California Community property law derived historically from:
A "putative spouse" is someone who:
Marries someone already married with a good faith belief that the marriage was legal.
In the Marriage of Rossi the Court determined that gambling debts were:
Only the obligation of the gambling spouse.
Is there a preference or presumption as to which parent should have primary legal and/or physical custody of a child based on gender under California law?
No. The standard is based upon the concept- "in the best interests of the child."
In the Marriage of Stienberger (2001), the wife hid $1.3 million in lottery earnings that she received while still married to her husband which was eventually revealed during the course of her divorce. How did the judge divide the earnings?
Because of her deceit the judge turned all of the earnings over to the husband.
Joanie divorces Bob with whom she had one child. The court rules that the child should live with her and that she has the right to make all legal decisions regarding the child's life with Bob only having visitation rights. What form(s) of custody does Joanie have?
Sole Legal and Sole Physical Custody.
In a 2006 study on sexual harassment in colleges and universities, what percentage of the alleged harassment was "peer-to-peer"?
The legal theory of "respondeat superior" hold that an employer, in sexual harassment or discriminatory situations, is:
Liable when it has knowledge of and fails to address the problem.
What can be considered "sexual harassment"?
Staring, Suggestive pictures or cartoons, Third party harassment (listening to people nearby discussing things), Jokes and/or offensive language, and Gestures.
The concept of "quid pro quo" in sexual harassment terms concerns:
Seeking sexual favors in exchange for a promotion or other benefit.
According to a 2002 study, what percentage of students reported being sexually harassed by teachers or school employees?
One type of sexual harasser is "the Pest"; experts consider him/her to be:
Irritating but having no malicious intent.
A sexual harsser who uses his or her knowledge and skills as an avenue to gain access to a student, or information about a student, for sexual purposes is characterized as what type of sexual harasser?
Intellectual Seducer.
This type of harasser approaches the subordinate, or student, as an equal or a friend, sharing about their own life experiences and difficulties, inventing stories to win admiration, sympathy and trust: he/she is called a...
A type of sexual harasser of employees or peers who are not themselves the target of the harassment is characterized as a:
Third Party from of sexual harassment.
In 1996, artist Maxine Henderson's impressionist portrait of a nude woman named Gwen in a public building rocked the small town of Murfreesboro, Tenn. An employee claimed that it was vulgar and thus violated the city's sexual-harassment polices. Did the painting constitute a form of sexual harassment?
No, because the Court determined the sexual harassment policy was unclear.
(Brocton School District Case) A six-year old boy was apparently found with "his hand inside the waistband of a girl's pants, touching the skin on her back," a violation of the school's sexual-harassment policy. Could the boy be prosecuted for sexual harasment?
No, because he was deemed to young to be prosecuted.
What percentage of stalking victims are celebrities?
Approximately how many stalking reports are falsely made?
Stalkers who have poor social or courting skills have a fixation, or in some cases, a sense of entitlement to an intimate relationship with those who have attracted their amorous interest have been classified in one study as what type of stalker?
Incompetent suitors
What kind of stalker (according to a study) pursue a vendetta against a victim because of a sense of grievance against him or her - motivated mainly by the desire to frighten and distress the victim?
Resentful stalker
Under Penal Code 646.9, section (h) "electronic communications" used in stalking crimes include what?
Telephones, Computers, Video recorders, Pagers and fax machines.
How many "acts" of stalking over a period of time, evidencing a continuity of purpose, must occur to meet the "course of conduct" requirement under Penal Code 646.9, section (f)?
In Burlington Industries v. Kimberly Ellerth, Ellerth claimed to be a victim of sexual harassment by her supervisor, and suffered emotional disterss as a result. Prior to that time, Ellerth had never experienced a professional setback or reported incidents to anyone at work. Could Ellerth bring a sexual harassment case against Burlington even if the harassment had not been reported and he career had never been hurt?
Yes, because she was neither required to inform her employer nor suffer an injury to her career.
Under Penal Code 649.6, section (e) the term "harasses" as an element in a stalking crime indicates what?
Alarms, Annoys, Torments and Terrorizes.
In the case of the parent of foreign birth who beat his child in front of a school counselor in order to demonstrate parental agreement with the school's disciplinary code, the Court ruled that:
A person's particular culture is no defense to child abuse but counseling was recommended.
In the Supreme Court case where the father (an engineer) beat his daughter black and blue the mother (a school counselor) looked on approvingly, the Court ruled that:
The force used was neither moderate nor reasonable, removing the daughter from the home.
In the case of Michigan v. Springer & Springer (2010) the Springers chained their daughter to her bed for control purposes, leading to her eventual death when she was unable to escape from the fire in the home: the Court, after an extensive trial found that the parents were...
Guilty of 1st degree child abuse and torture.
State governments generally apply which of the following standards in terms of a parent's right to raise their children?
A child mus be subject to serious physical or emotional harm.
"Battered Child Syndrome" signifies that a child has manifested multiple injurious in various stages of healing and:
Parental explanations for the child's injuries are inconsistent with clinical findings.
In the case of the irresponsible 16 year-old who gave birth to a child and was deemed emotionally and financially unfit to raise the child, the Court ruled that:
The child should be placed in state custody.
In the case of People v. Norman, the victim did not learn about the defendant's actions because they occurred while he wa out of the country. When he learned of the defendant's acts and threats, he then became fearful. How did Court rule on the gap between the threat and victim's sense of fearfulness?
The threat did not have to be contemporaneous with the fear.
In the case of People v. Falck, a defendant's letters disclosed an obsessive desire to engage in sexual acts with the victim and an obsessive desire to marry her n dbe with her. When prosecuted, the defendant argued that the term "safety" as used in the statute was unconstitutionally vague. How did the Court rule? The term "saftety" was:
Not constitutionally vague because the defendant's intent could be inferred from his insistence on maintaining contact with the victim.
In People v. McCracy the issue arose as to whether or not past violence against the victim by the defendant could be used or not in a subsequent prosecution to establish that the defendant was capable of inflicting harm on the victim and the victim would have reason to fear the threats might be carried out. The Court ruled that evidence of past violence:
Could be used.
In the stalking case of People v. Halgren, Earl Halgren argued that his threatening statements were protected by the First Amendment to the Constitution. The Court ruled that:
His speech was not protected.