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Question 1
Sandra has two children, Dan (age 3) and Sebastian (age 10). Sandra's mother, who took care of the boys while she worked, died recently in an auto accident. To deal with her grief, Sandra has slipped back into a substance abuse problem with alcohol. In fact, she was arrested last week for drunk driving. Those charges are pending. In addition, the state is threatening to take away her children (five years ago Sandra spent six weeks in a rehab center). What law protects Sandra's parental rights?
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Correct Procedural due process flows from both the Fifth and Fourteenth Amendments' due process clauses to the U.S. Constitution. This guarantee requires that a party be given a right to notice and a hearing before losing a fundamental right. Here, Sandra's parental rights would be considered a fundamental right. As such, she would be entitled to notice and a hearing before the state has a right to take her kids.
Incorrect! Procedural due process flows from both the Fifth and Fourteenth Amendments' due process clauses to the U.S. Constitution. This guarantee requires that a party be given a right to notice and a hearing before losing a fundamental right. Here, Sandra's parental rights would be considered a fundamental right. As such, she would be entitled to notice and a hearing before the state has a right to take her kids.
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Question 2
George Jeffries is the mayor of Family Town. He is a strong supporter of families. As such, he was instrumental in getting the city council to pass a law that prohibits single parents from living in a new housing development that offers a 15-year tax abatement, thereby lowering the monthly costs. This ordinance is the mayor's attempt to punish parents for having children out of wedlock. This ordinance would be upheld if challenged in court.
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Incorrect!
Correct Substantive due process flows from both the Fifth and Fourteenth Amendments' due process clauses to the U.S. Constitution. This guarantee requires no person is arbitrarily deprived of life, liberty or property.As such, governments need a compelling interest in passing ordinances that govern families. Here, the mayor's ordinance discriminates against single parents by giving a housing preference to married parents. Additionally, his goal of punishing parents who have children out of wedlock is not a compelling reason for preventing them to move into this subsidized housing. Accordingly, this ordinance would not be upheld under the substantive due process clause of the U.S. Constitution.
Incorrect! Substantive due process flows from both the Fifth and Fourteenth Amendments' due process clauses to the U.S. Constitution. This guarantee requires no person is arbitrarily deprived of life, liberty or property.As such, governments need a compelling interest in passing ordinances that govern families. Here, the mayor's ordinance discriminates against single parents by giving a housing preference to married parents. Additionally, his goal of punishing parents who have children out of wedlock is not a compelling reason for preventing them to move into this subsidized housing. Accordingly, this ordinance would not be upheld under the substantive due process clause of the U.S. Constitution.
Question 3
Greta is a supervisor at a local restaurant-Eat Well. When she told her boss she was pregnant, his opinion of her managerial skills immediately changed. He started to undermine her in front of the staff and gave her an unsatisfactory review. Up to that point, Greta had been considered an exceptional employee. As a result of this negative feedback, she was denied a promotion to manager at another Eat Well located in a neighboring city. Greta filled a complaint with the regional manager and the HR department. What law governs Greta's situation?
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Correct Under the Civil Rights Act ("CRA") it is unlawful to discriminate against an employee based on that person's sex. Here, Greta's supervisor started treating her differently after he became aware of her pregnancy. She suffered harm from this discriminatory treatment when she was denied a promotion. These discriminatory actions would fall under the CRA.
Incorrect! Under the Civil Rights Act ("CRA") it is unlawful to discriminate against an employee based on that person's sex. Here, Greta's supervisor started treating her differently after he became aware of her pregnancy. She suffered harm from this discriminatory treatment when she was denied a promotion. These discriminatory actions would fall under the CRA.
Question 4
Constance was a senior associate in a midsize law firm. She had been out on maternity leave for six weeks when she received a call at home from the managing partner. He informed her that she did not have to return to work because he had hired someone to take her position at the firm. If Constance decides to challenge her firing, what law governs her situation?
Correct Under the Family and Medical Leave Act ("FMLA") employees are entitled to up to 12 weeks of unpaid leave to care for a child after its birth. Here, Constance was only halfway through her maternity leave when she was notified that she was fired. Accordingly, any claim of unlawful discharge would fall under the FMLA.
Incorrect! Under the Family and Medical Leave Act ("FMLA") employees are entitled to up to 12 weeks of unpaid leave to care for a child after its birth. Here, Constance was only halfway through her maternity leave when she was notified that she was fired. Accordingly, any claim of unlawful discharge would fall under the FMLA.
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Question 5
Carrie and Phil are having marital problems. During their 15-year marriage, Carrie did not work. Additionally, Phil handled all the finances, including maintaining the credit cards. He never allowed her to have a credit card of her own; however, her name was included on their joint credit cards. Nevertheless, in preparation of an imminent divorce, Carrie recently applied for a credit card in her own name. What law enables Carrie to do this?
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Incorrect!
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Correct Under the federal Equal Credit Opportunity Act (ECOA) it is unlawful for a creditor to discriminate against any applicant based on sex or marital status. Here, Carrie has a right to apply for a credit card in her own name versus as part of joint application. Accordingly, if Carrie is denied a credit card in her own name, she may have a claim under the ECOA.
Incorrect! Under the federal Equal Credit Opportunity Act (ECOA) it is unlawful for a creditor to discriminate against any applicant based on sex or marital status. Here, Carrie has a right to apply for a credit card in her own name versus as part of joint application. Accordingly, if Carrie is denied a credit card in her own name, she may have a claim under the ECOA.