In the law of the United States, diversity jurisdiction is allowed when the amount in controversy exceeds statutory amount and when the parties involved are “diverse” in citizenship, meaning they are from different states or one is a citizen of a foreign country (“Diversity of Citizenship”, 2010). In Article 3, section 2, the U.S. Constitutions grants congress the power to permit U.S. district courts in the federal judiciary to hear diversity cases. This was created because it was a big concern that if a party filed a case in its home state against another party from another state, the court might be biased toward the party from its own state. For this law to apply, there must be complete diversity, meaning none of the plaintiffs can be from
Diversity of citizenship is one of the factors that will allow a federal district court to exercise its authority to hear a lawsuit. This authority is called diversity jurisdiction. It means that a case involving questions that must be answered according to state laws may be heard in federal court if the parties on the two sides of the case are from different states. No matter how many parties are involved in a lawsuit, there must be complete diversity in order for the federal court to exercise this type of authority. If a single plaintiff is a citizen of the same state as any defendant, there is no diversity and the case must be pursued in a state court (Diversity, n.d.).
A federal court's power to hear any case where the amount in controversy exceeds $75,000 and no plaintiff shares a state of citizenship with any defendant. See 28 U.S.C. § 1332(a). Diversity jurisdiction is one of the two main types of subject-matter jurisdiction in federal court.
Are State Senate district 12, and State Assembly districts 24 and 25 racial gerrymanders prohibited by the Fourteenth Amendment’s Equal Protection Clause with race as a predominant factor in redistricting?
This case involves Kimberlie Webb and the City of Philadelphia (mainly the police department). The case was heard by the United States court of appeals, third circuit in 2009.
The government's first action to battle racial discrimination was the enforcement act of 1870, this act banned racial discrimination in voter registration. It also established consequences for those who interfered with one's right to vote. The government's second attempt to end discrimination was the enforcement act of 1871 which allowed federal oversight at elections if any citizen felt it was necessary. This act came with harsher punishments. The third and final attempt to end discrimination was the Ku Klux Klan act. This made any state official accountable in federal courts for stripping anybody of their civil right or protection of the law. The KKK act also made several of their ploys federal offenses. This resulted on several hundred
Literature Review: In this quantitative study, Watson, Langrehr, Zelaya and Flores (2016) aimed to investigate the relationship between multiple discriminatory experiences and insidious trauma among a sample of Women of Color (WOC). The topic is significant for the readership of the journal since it has expanded the definition of trauma and brought up a critical perspective of DSM-5 PTSD diagnosis. Researchers cogently provided literature to demonstrate the link between insidious trauma and oppressive experiences such as racism and sexism. They also included preliminary research purporting that self-esteem can be a mediator in the oppression and insidious trauma relationship. They also hypnotized and offered a research review on ethnic identity strength as a moderator in the negative relationship between multiple forms of discrimination and self-esteem, in turn, lessening to trauma symptoms. Based on these hypotheses, they clearly indicated their research questions. The literature review was composed of current research and comprehensive enough to capture the depthless of the research questions.
Donna Beegle is your answer. She faced many bumps on her road to success with poverty. The hassle of being a single mother on welfare and watching her family struggle for year was a wakeup call to overcome poverty.
Workplace Diversity refers to the human characteristics that are present in the workplace making people different from one another. Various human characteristics would include race, gender, age, certain physical attributes, experience, and personal habits.
Through the past couple hundred years, many minorities have faced detrimental discrimination. Those who have been heavy targets are Black Americans. It is common to hear that slavery is over, but those groups still face discrimination today. Why are these minorities paying the price? Institutional discrimination is the cause to this madness. Those who have authority over the average citizen extending their power rights and preforming non-relevant; like over policing the black americans.This is common in everyday scenarios, the courtrooms, the school grounds, and the streets. It starts when these groups are young.
Organisations have sought out to have a more diverse workforce, as it is claimed to increase organisational effectiveness. A team with individuals from different social group, personalities, values and beliefs, and etcetera, when managed well, can be an asset to the organisation. More often than not, there will be some sort of discrimination in the workplace, especially with a very diverse workforce. Therefore, with proper training and benefits to ensure the development of these employees, and legislation and policy to ensure equality and reduce discrimination within the workforce, it can drive competitive advantage and organisational profit. When looking at diversity in the workforce, the business case and the moral case justification are often necessary. The following paragraphs will talk more about the business case and moral case, and the linkages between them, as well as the theories and conceptual frameworks for the business and moral cases justification for diversity management in organisations.
Reasoning: Determining jurisdiction is critical because jurisdiction not only allows the party to know whether that court is entitled to adjudicate a dispute, but it can also help determine which laws are applicable, which can make a difference in a party's recovery. For example, Georgia and Delaware might have different laws regarding damages so that Elle may have an advantage in one court as compared to another court. In order for a court to be able to exercise jurisdiction, the court must have some connection to either the parties or to the event in question. Therefore, the possibilities for jurisdiction include: the district court for the state of Georgia, the district court for the state of Delaware, or one of the state courts for either Georgia or Delaware. In order for federal jurisdiction to apply, the circumstances of the case must meet the requirements for diversity jurisdiction. Diversity jurisdiction refers to that federal court jurisdiction involved when the parties involved are from two
Also – If Katy and Jasmin are not challenged about this, it could potentially lead to themselves being
In May 2007, the Bush Justice Department filed a lawsuit against the Fire Department of New York (FDNY), based on discriminatory hiring practices for entry level firefighters. More specifically the lawsuit was in regards to the use of exams 7029 and 2043, had an unlawful and negative impact on the prospects of black and Hispanic applicants. In September of that year the Vulcan Society were allowed to intervene in the lawsuit with the objective of proving that these practices were a result of intentional discrimination. The ensuing legal battle would lead to major changes in NYFD’s hiring practices and get the ball rolling towards a more diverse department.
Review the anti-discrimination legislation outlined in the chapter. Do you see any challenges those legislative actions present in the hospitality industry?
Minority groups in society have faced prejudice and discrimination throughout history and they continue to face it today. Religion and government have immense power to dictate what is seen as “correct behavior” in society. Furthermore, it is when minority groups infringe on these beliefs, that they can face this extreme prejudice and discrimination. Minority groups who have faced these adversities include First Nations and LGBTQ+ groups. Two stories that show the adversities that these groups face are A Word From the Nearly Distant Past by David Levithan and Totem by Thomas King.