Michael M. V. Superior Court Of Sonoma County
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Michael M. V. Superior Court Of Sonoma County
''Michael M. v. Superior Court of Sonoma County'', 450 U.S. 464 (1981), was a United States Supreme Court case over the issue of gender bias in statutory rape laws. The petitioner argued that the statutory rape law discriminated based on gender and was unconstitutional. The court ruled that this differentiation passes intermediate scrutiny under the Equal Protection clause because it serves an important state goal, stating that sexual intercourse entails a higher risk for women than men. Thus, the court found the law justified. Background In June 1978, Sharon, a sixteen-year-old female, was at a park with seventeen-year-old Michael. The record indicates that Sharon was initially a willing participant, but when she refused intercourse, Michael hit her until she submitted. A charge of statutory rape was filed against Michael in the Court of Sonoma County, CA. In California, statutory rape was, at the time, described as "an act of sexual intercourse accomplished with a female not the ...
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Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws.''" It mandates that individuals in similar situations be treated equally by the law. A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law. As a whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the Civil War. The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase " Equal Justice Under Law". This clause was the basis for '' Brown v. Board of Education'' (1954), the ...
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Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as '' Brown v. Board of Education'' (1954) regarding racial segregation, ''Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), '' Bush v. Gore'' (2000) regarding the 2000 presidential election, and '' Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendmen ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over State court (United States), state court cases that involve a point of Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution of the United States, Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law ove ...
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Statutory Rape
In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent (the age required to legally consent to the behavior). Although it usually refers to adults engaging in sexual contact with minors under the age of consent, it is a generic term, and very few jurisdictions use the actual term ''statutory rape'' in the language of statutes. Different jurisdictions use many different statutory terms for the crime, such as ''sexual assault'' (SA), ''rape of a child'' (ROAC), ''corruption of a minor'' (COAM), ''unlawful sex with a minor'' (USWAM), ''carnal knowledge of a minor'' (CKOAM), ''sexual battery'' or simply '' carnal knowledge''. The terms ''child sexual abuse'' or ''child molestation'' may also be used, but ''statutory rape'' generally refers to sex between an adult and a minor past the age of puberty, and may therefore be distinguished from child sexual abuse. Sexual relations with a prepubescent child is ...
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Petitioner
{{Unreferenced, date=December 2009 A petitioner is a person who pleads with governmental institution for a legal remedy or a redress of grievances, through use of a petition. In the courts The petitioner may seek a legal remedy if the state or another private person has acted unlawfully. In this case, the petitioner, often called a plaintiff, will submit a plea to a court to resolve the dispute. To the government On the other hand, the petitioner may be complaining against the law it to "... make no law... abridging... the right of the people peaceably to assemble, and to petition the government for redress of grievances". A petitioner need not seek a change to an existing law. Often, petitioners speak against (or in support of) legislative proposals as these progress. The Whig party A group of 17th century English politicians became known as Petitioners, due to their support of the Exclusion Bill, a bill which would prevent the succession to the throne of the Catholic James, D ...
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Unconstitutional
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are unconstitutional. All others are considered constitutional unless the country in question has a mechanism for challenging laws as unconstitutional. Applicability An act or statute enacted as law either by a national legislature or by a subordinate-level legislature such as that of a state or province may be declared unconstitutional. However, governments do not only create laws but also enforce the laws set forth in the document defining the government, which is the constitution. When the proper court determines that a legislative act or law conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. Depending on t ...
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Sonoma County
Sonoma County () is a county located in the U.S. state of California. As of the 2020 United States Census, its population was 488,863. Its county seat and largest city is Santa Rosa. It is to the north of Marin County and the south of Mendocino County. It is west of Napa County and Lake County. Sonoma County comprises the Santa Rosa-Petaluma Metropolitan Statistical Area, which is part of the San Jose-San Francisco-Oakland, CA Combined Statistical Area. It is the northernmost county in the nine-county San Francisco Bay Area region. In California's Wine Country region, which also includes Napa, Mendocino, and Lake counties, Sonoma County is the largest producer. It has thirteen approved American Viticultural Areas and more than 350 wineries. The voters have twice approved open space initiatives that have provided funding for public acquisition of natural areas, preserving forested areas, coastal habitat, and other open space. More than 8.4 million tourists visit each year, sp ...
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Michael M
Michael may refer to: People * Michael (given name), a given name * Michael (surname), including a list of people with the surname Michael Given name "Michael" * Michael (archangel), ''first'' of God's archangels in the Jewish, Christian and Islamic religions * Michael (bishop elect), English 13th-century Bishop of Hereford elect * Michael (Khoroshy) (1885–1977), cleric of the Ukrainian Orthodox Church of Canada * Michael Donnellan (1915–1985), Irish-born London fashion designer, often referred to simply as "Michael" * Michael (footballer, born 1982), Brazilian footballer * Michael (footballer, born 1983), Brazilian footballer * Michael (footballer, born 1993), Brazilian footballer * Michael (footballer, born February 1996), Brazilian footballer * Michael (footballer, born March 1996), Brazilian footballer * Michael (footballer, born 1999), Brazilian footballer Rulers =Byzantine emperors= *Michael I Rangabe (d. 844), married the daughter of Emperor Nikephoros I ...
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Intermediate Scrutiny
Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous). In order to overcome the intermediate scrutiny test, it must be shown that the law or policy being challenged furthers an ''important'' government interest by means that are substantially related to that interest. Intermediate scrutiny may be contrasted with " strict scrutiny", the higher standard of review that requires narrowly tailored and least restrictive means to further a ''compelling'' governmental interest, and " rational basis review", a lower standard of review that requires the law or policy be rationally related to a ''legitimate'' government interest. This approach is most often employed in reviewing limits on commercial speech, content-neutral regulations of speech, and state actions discriminating on the basis of sex. Laws subjec ...
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Plurality (voting)
A plurality vote (in American English) or relative majority (in the United Kingdom and Commonwealth) describes the circumstance when a party, candidate, or proposition polls more votes than any other but does not receive more than half of all votes cast. For example, if from 100 votes that were cast, 45 were for ''Candidate A'', 30 were for ''Candidate B'' and 25 were for ''Candidate C'', then ''Candidate A'' received a plurality of votes but not a majority. In some votes, the winning candidate or proposition may have only a plurality, depending on the rules of the organization holding the vote. Versus majority In international institutional law, a "simple majority" (also a " majority") vote is more than half of the votes cast (disregarding abstentions) ''among'' alternatives; a "qualified majority" (also a " supermajority") is a number of votes above a specified percentage (e.g. two-thirds); a "relative majority" (also a "plurality") is the number of votes obtained that is ...
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Forcible Rape
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent. The term ''rape'' is sometimes used interchangeably with the term ''sexual assault.'' The rate of reporting, prosecuting and convicting for rape varies between jurisdictions. Internationally, the incidence of rapes recorded by the police during 2008 ranged, per 100,000 people, from 0.2 in Azerbaijan to 92.9 in Botswana with 6.3 in Lithuania as the median.
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United States Equal Protection Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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