This website uses cookies to ensure you have the best experience. Learn more

Statute And Case Law Essay

2142 words - 9 pages

Statute and Case Law Relationship Paper

Charity Lehman
Cev Smith
Michelle R Wilson
Connie Ferguson-Rangel
MGT 434
April 5, 2006


Anti-Discrimination Laws were enacted to "promote fairness, equality, and opportunity within the workplace." More distinctively, these federal employment laws prohibit employment practices that discriminate on the basis of race, age, gender, national origin, color, disability and religion. The same laws also prohibit employers from striking back against those persons who filed claims of discrimination.
There are several civil rights statutes that employers must become familiar with ...view middle of the document...

This interpretation of the U.S. Constitution has already been established by numerous lower courts, but by looking at the wording of the first amendment, it would appear that this broad interpretation is not what the Constitution is prohibiting. The first amendment clearly states the “Congress shall make no law respecting an establishment or religion” (Author Unknown, 1791) and the placement of the Ten Commandments is not done by a law from Congress. These are found in "numerous displays of the Ten Commandments and similar religious symbols on federal property, including in federal courthouses, the United States Capitol, the National Archives, the Library of Congress, national monuments and national park lands" (Kozlowski, 2005). These historical buildings and their symbols only reflect the fact that the Ten Commandments were a founding part of our legal system, and the demonstration of these roots is not an encouragement of any particular religion.
Sherbert v. Verner 374 U.S. 398 (1963)
Adell H. Sherbert, a member of the Seventh-Day Adventist Church, was fired by her South Carolina employer because she would not work on Saturday. In the Seventh Day Adventist, this is a Sabbath day of her faith. She was unable to secure other employment because she would not work on Saturdays. Adell Sherbert filed a claim for unemployment compensation benefits under the South Carolina Unemployment Compensation Act, which provides that a claimant is ineligible for benefits if he has failed, without good cause, to accept available suitable work when offered him. The State Commission denied Ms. Sherbert’s application on the basis that she would not accept suitable work when offered. The courts ruling as seen below:
State Supreme Court held: As so applied, the South Carolina statute abridged appellant's right to the free exercise of her religion, in violation of the First Amendment, made applicable to the states by the Fourteenth Amendment. Pp. 399-410.
(i) Disqualification of appellant for unemployment compensation benefits, solely because of her refusal to accept employment in which she would have to work on Saturday contrary to her religious belief, imposes an unconstitutional burden on the free exercise of her religion.
(ii) There is no compelling state interest enforced in the eligibility provisions of the South Carolina statute, which justifies the substantial infringement of appellant's right to religious freedom under the First Amendment.
(iii) This decision does not foster the "establishment" of the Seventh-Day Adventist religion in South Carolina contrary to the First Amendment. ( April 3, 2006)
In the case listed above there was additional information provided. That being the Adell Sherbert was not initially required to work Saturdays. In was not until a couple of years into her employment that a six-day workweek was required by the textile mill. In addition, the appellant did seek...

Other assignments on Statute And Case Law

Foul Ball Essay

596 words - 3 pages baseball field, plaintiff took that known risk of injury happening (Edwards & Edwards, 2012). 3. What are the laws, both statutory and case law, in your state regarding premises liability? In the light of those laws, whom do you think will prevail in this case and why? Fla. Stat. § 375.251 states “An owner or lessee who provides the public with an area for outdoor recreational purposes owes no duty of care to keep that

Classifacations Of Law Essay

766 words - 4 pages whether the case requires trial or otherwise (O. Lee Reed, 2013). An example of substantive law is how degrees of murder are defined. Depending upon the circumstances and whether the murderer had the intent to commit the crime, the same act of homicide can fall under different levels of punishment. This is defined in the statute and is substantive law. Examples of procedural laws include the time allowed for one party to sue another and the

Big Time Toy Maker Case Scenario

521 words - 3 pages Case Scenario: Big Time Toy Maker LAW/421 May 5, 2015 Case Scenario: Big Time Toy Maker At what point, if ever, did the parties have a contract? The two parties, Big Time Toymaker and Chou entered into a contract when they came to the initial agreement where Big Time would pay $25,000 for exclusive negotiation rights for a 90 day period. What facts may weigh in favor or against Chou in terms of the parties’ objective

The Uniform Commercial Code (Ucc)

1366 words - 6 pages interpret this type of law is known as casuistry, or case-based reasoning. It is a strict, principle-based reasoning that uses the circumstances of a case to evaluate the laws that are applicable. Decisions that were made about similar cases are valuable, and the case in question is evaluated on the basis of past cases. The strength of the similarity among the cases, in turn, strengthens the reasoning based on them. B. The term "common law" also

Busi Law Day 1

767 words - 4 pages Know the branches of Gov. Legislative – article 1 of the constitution * Statute, ordinance, anything in law is legislative. Article 2 – executive * President, vice president cabinet Judicial article 3 * Interpret the law * Judicial review * determining the constitutionality of laws 4th area of law is – administrative law * Law made by administrative agencies, fda sec irs. Created by congress to inact more laws

Case Brief

385 words - 2 pages his crime. He was then convicted in 2003 and sentenced under a specific Louisiana Law that allowed the death penalty for the rape of a child under the age of 14. Legal Question: Does the Eighth Amendment's Cruel and Unusual Punishment Clause permit a State to use the death penalty to punish the crime of rape of a child? Does Louisiana's capital rape statute violate the Eighth Amendment insofar as it fails genuinely to narrow the class of

Gm520 Case Brief

656 words - 3 pages FORMAT FOR CASE BRIEF Virtually all of the cases in this text (and all legal texts for that matter) are at an Appellate/Supreme Court level (not a trial court), where Issues of Law are resolved, as opposed to issues of fact which are resolved at the trial court level. This suggested format is a slight modification of an outline for Case Briefs used in the legal profession. (Example - Text Pg 8 – Case 1.1)  Style of Case and Citation

Defective Contracts (Summary)

1500 words - 6 pages : the guardian; or the injured party himself provided he is already capacitated. 2. In case the contract is voidable on the ground of mistake etc., ratification can be made by the party whose consent is vitiated. Unenforceable Contracts – are those that cannot be enforced or given effect in a court of law or sued upon by reason of certain defects provided by law until and unless they are ratified according to law. The following contracts


2123 words - 9 pages sovereignty and the Royal Prerogative. Sources of UK Constitution • Statue law o Acts of Parliament, due to Parliamentary sovereignty. o Statutes outrank all other forms of the constitution o I.e. the Constitutional Reform Act 2005, setting up supreme court • Common law o Body of laws based on tradition, custom and precedent o Created and refined by the courts of a case by case

Case Study

1253 words - 6 pages Introduction: Aim The aim of this article is to examine the role of the Law of Tort in business activities assessing particular forms of tortuous liability and apply the elements of the Tort of Negligence. Scope It includes the nature of general tortuous liability,the nature of employer’s liability,the application of the elements of the Tort of Negligence and vicarious liability. Background to study Case study No. 1 Facts: A bus

Final Exam

3535 words - 15 pages to bend the law, however) * Natural Law (Slavery was legal, but not moral) * Moral relativism or situational ethics (Violation of law permitted if you are stealing food for starving family) * Religious beliefs or Divine Intervention (Bible, Koran, etc.) -Federal Court Structure -NY State Court Structure The corrected statement should be: “To bring a lawsuit in NY State, one will initiate the case in the NY Supreme

Similar Documents

Advise Laurence On The Tax Consequences Of The Above Facts Referring To Appropriate Case Law And Legislation

915 words - 4 pages The issue is whether Laurence Wong (LW) is a resident of Australia for tax purposes from the period 1st of July 2009 until the 30th of June 2012, given that LW has been living and working abroad in Singapore from July 2009. Residence is an important consideration for this case as under s6-5(2) of the ITTA1997 if LW is a resident his income from all sources will be taxable in Australia whereas if he is a foreign resident his assessable income

Unit 1 Assignment

308 words - 2 pages Texas Court of Criminal Appeals. Texas v. Johnson, 491 U.S. 397 (1989). 6. What effect did the United States Supreme Court’s decision have on the Texas statute? Because of the Supreme Court’s decision to uphold that which was already made by the Texas Court of Criminal Appeals, the statute in question was struck down. 7. Write 1-2 paragraphs explaining the difference between case law (like the court cases above) and statutory law (like the state statute above). Focus your discussion on how case law and statutes are

Statutory Interpretation Essay

1746 words - 7 pages appliaction, If words have only one ordinary meaning but that meaning would lead to an absurd result, the courts can use the golden rule to modify the words of a statute to avoid absurd result. For instance, In the case of Ex parte Walton [1881] 17 Ch.D. 746, the statute of s.23 of the Bankruptcy Act 1869 was used in this case and the court interprted it. The bankrupt person vested in his trusstee, however, the trustee denied the burdensome property in

Written Essay

8584 words - 35 pages court s equitable jurisdiction was concurrent, which roughly meant that the case could have been brought either at law or in equity, the statute of limitations applied in equity and excluded the application of laches. But if a court had exclusive equitable jurisdiction, the court could ignore any analogous statute of limitations and apply the laches doctrine (either to extend or cut short the time given to the complaining party).63 A second limiting