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Simple English definitions for legal terms

Mixed-Motive Instruction

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A quick definition of Mixed-Motive Instruction:

Mixed-motive instruction is a type of instruction used in discrimination and retaliation cases. It means that if someone did something wrong that hurt another person and it was motivated by a bad reason, then it is assumed that the person did something wrong. However, the person who did something wrong can try to prove that they would have done it anyway, even if they didn't have a bad reason. For example, if someone was fired because they were African American and because they didn't like the Yankees, the employer would be in trouble because not liking the Yankees is not a good reason to fire someone. But if someone was fired because they lied about their job qualifications and because they didn't like the Yankees, the employer would not be in trouble because lying about job qualifications is a good reason to fire someone, even if they didn't like the Yankees.

A more thorough explanation:

Mixed-motive instruction is a type of instruction used in discrimination and improper retaliation cases in courts. It is used to determine whether a defendant's action was motivated by an impermissible reason or not.

The instruction usually takes the following form: "If the plaintiff shows that the defendant did something that hurt her, and the action was motivated by an impermissible reason, there is a presumption that the defendant's conduct was wrong. The defendant may rebut this presumption by showing that it would have taken the action regardless of its impermissible motive."

For example, if an employer fired an employee because the employee was African American and also because the employee fraudulently overstated her job qualifications, the employer may not be liable for illegal racial discrimination. This is because fraudulently overstating job qualifications is a valid reason for firing someone regardless of their race. However, if the employer fired the employee because of their race and because they did not like the Yankees, the employer would likely be liable because not liking the Yankees is not a valid reason for firing someone.

There are different variations of mixed-motive instructions. Some trigger a presumption of liability if an improper motive played any part in a defendant's decision, while others require the improper motive to play a significant role in the decision. In some cases, plaintiffs must show that an improper motive was a "but-for" cause of the defendant's action.

Overall, mixed-motive instruction helps courts determine whether a defendant's action was motivated by an impermissible reason or not, and whether they should be held liable for discrimination or improper retaliation.

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JumpySubsequentDolphin
11:16
I told my family I won’t get any decisions until 2025 so they wouldn’t bombard me hahah
no i think there should be a Law School combine with all new drills except there is still the 40 yard dash
and a sub 4.5 gets you into any t14
LSAT can be one of the drills
letsseehowitgoesnow
11:17
so washu only called one person
So all the D1 athletes will get into a T-14. What else is new?
@TheAdoptedOne: that is called "Dean Poker Night" lol
@ClockworkBlue: I feel like most people could train for the 40 for the same amount of time as they do the LSAT and get close to sub 5 which would be equivalent to a 167+
this is like the schizophrenic posts JJK tik tok be putting out
powerscaling Law School deans up next
11:19
Election Day election day
Write in Dean Z vote
11:20
Saw a guy that wrote in Biden and he said no retirement for you buddy
1a2b3c4d26z
11:20
@ClockworkBlue: god I hope that's true
if the country was run the same as Mich Law it would be a better place
Imagine if election night was run by an adcom? Like, "yep, we could get the results Friday, or June 2025."
imagine if it was like Berkley applications
1a2b3c4d26z
11:22
Election status: Complete
1a2b3c4d26z
11:22
For months
triplethread
11:23
erection day
soapy
11:23
Shoutout to Robinhood's election bet not resolving until January
triplethread
11:23
is anyone else like certain that trump will win
ambitiouslizard
11:23
he aint winning
triplethread
11:23
i like being a pessimist
ambitiouslizard
11:24
he lost his re-election, why would he win this one?
1a2b3c4d26z
11:25
I have no idea why people have so much beef w berkeley's app
I've been reading a bit about "herding," which is this idea that pollsters are making the race look tied so they look right no matter who wins.
1a2b3c4d26z
11:26
Like... it's a more involved app but you don't have to do it? They're clearly trying to have some self-selection go on
I 100% agree with the self selection, I also am not even close to touching the medians there. However I think the huge PS plus the video and especially the very specific criteria for the why Berkeley essay is pretty crazy
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