Gender - Law Dictionary Search Results
Home Dictionary Name: gendergender discrimination
gender discrimination : sex discrimination ...
He
The man or male being or object personified to which the masculine gender is assigned previously designated a pronoun of the masculine gender usually referring to a specified subject already indicated...
Batson challenge
Batson challenge [from Batson v. Kentucky, 476 U.S. 79 (1986), the Supreme Court ruling that prohibited the striking of jurors on a racial basis] : an objection in which one party argues that the other has used the peremptory challenge to strike one or more prospective jurors from the panel for a discriminatory purpose in violation of the equal protection guarantee of the U.S. Constitution called also Batson objection compare third-party standing NOTE: Batson challenges were originally applied to racial discrimination in jury selection but are now also applied when gender or sometimes ethnic background is an issue. The party making the objection usually must establish by evidence a prima facie case of discrimination, at which point the other party has the burden of advancing a neutral reason for the strike. ...
cognizable
cognizable 1 : capable of being known ;specif : capable of being recognized as a group because of a common characteristic (as race or gender) NOTE: Systematic exclusion of members of a cognizable group from a jury violates the Sixth Amendment to the Constitution, which requires that jurors be selected from jury pools that represent a fair cross section of the community. 2 : capable of being judicially heard and determined [a claim] ...
equal rights amendment (era)
equal rights amendment (era) The proposed Equal Rights Amendment (ERA) to the U.S. Constitution was intended to explicitly guarantee equality to all persons, regardless of gender. After passing in Congress in 1972, the amendment did not receive enough votes for ratification by the individual states, and was never signed into law. ...
fair housing
fair housing Federal and state "fair housing" laws entitle home buyers, renters, and mortgage borrowers with protections against discrimination based on disability, gender, marital status, race, and sexual orientation (among other things). ...
jury
jury pl: ju·ries [Anglo-French juree, from feminine past participle of Old French jurer to swear, from Latin jurare, from jur- jus law] : a body of individuals sworn to give a decision on some matter submitted to them ;esp : a body of individuals selected and sworn to inquire into a question of fact and to give their verdict according to the evidence occasionally used with a pl. verb [the are always to decide whether the inference shall be drawn "Oliver Wendell Holmes, Jr."] see also advisory jury, array, grand jury, inquest, jury nullification, petit jury, special jury, trial jury, venire Amendment VI to the Constitution in the back matter NOTE: The jury of American and English law most likely originated in early Anglo-Norman property proceedings, where a body of 12 knights or freemen who were from the area, and usually familiar with the parties, would take an oath and answer questions put to them by a judge in order to determine property rights. Jury verdicts began to be us...
rational basis test
rational basis test : a test less intensive than strict scrutiny or an intermediate review that involves a determination of whether a statutory or regulatory classification of persons (as by age or offender status) has a rational basis and does not deny equal protection under the Constitution [if the classification neither affects a fundamental right, nor creates a suspect classification, nor is based on gender, then the rational basis test is applied "Charlton v. Kimata, 815 P.2d 946 (1991)"] called also rational relationship test ...
third-party standing
third-party standing : standing sometimes granted to a party claiming to protect the rights or interests of a third party compare batson challenge NOTE: Third-party standing is granted esp. when a statute is challenged as unconstitutionally overbroad or when a party (such as a criminal defendant) challenges the exclusion of a juror who is being denied equal protection by being excluded esp. because of race or gender. ...
Enallage
A substitution as of one part of speech for another of one gender number case person tense mode or voice of the same word for another...
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