individual rights

Employment Discrimination

Employment Discrimination Overview:

Employment Discrimination laws seek to prevent discrimination based on race, sex, sexual orientation, religion, national origin, physical disability, and age by employers. Discriminatory practices include bias in...

Expectation of Privacy

Overview

The expectation of privacy test, originated from Katz v. United States is a key component of Fourth Amendment analysis. The Fourth Amendment protects people from warrantless searches of places or seizures of persons or objects, in which they...

Fifth Amendment

Fifth Amendment: An Overview

The Fifth Amendment of the U.S. Constitution provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising...

First Amendment


First Amendment: An Overview

The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. It prohibits any laws that establish a national religion, impede the...

Grand Jury

A group of people selected to sit on a jury that decide whether to return an indictment. An indictment formally charges a person with committing a crime and begins the criminal prosecution process.

In the United States, a grand...

Habeas Corpus

OVERVIEW:

Latin for "that you have the body." In the US system, federal courts can use the writ of habeas corpus to determine if a state's detention of a prisoner is valid. A writ of habeas corpus is used to bring a prisoner or other detainee (e...

Immunity

Generally, freedom from legal obligation to perform actions or to suffer penalties, as in "immunity from prosecution". Specific types of immunity are separately defined and discussed.

See also:Diplomatic immunityFederal Tort Claims...

Kangaroo court

Definition

1) An unauthorized, mock court or legal proceeding, e.g. a tribunal of sorority sisters created to settle disputes within the sorority, in which some or all of the accused's due process rights are ignored and the outcome appears to be...

Miranda v. Arizona (1966)

The Supreme Court held that the custodial interrogation of an individual must be accompanied by an instruction that the person has the right to remain silent, any statements made can be used against the person, and that the individual has the right to...

Mixed-Motive Instruction

Courts use mixed-motive jury instructions in many discrimination and improper retaliation cases. These instructions usually take the following form: "If the plaintiff shows that the defendant did something that hurt her, and the action was motivated by...

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