equal protection of the law

equal protection of the law
The constitutional guarantee of "equal protection of the laws" means that no person or class of persons shall be denied the same protection of the laws which is enjoyed by other persons or other classes in like circumstances in their lives, liberty, property, and in their pursuit of happiness. People v. Jacobs, 27 Cal,App.3d 246, 103 Cal.Rptr. 536, 543; 14th Amend., U.S. Const.
Doctrine simply means that similarly situated persons must receive similar treatment under the law. Dorsey v. Solomon, D.C.Md., 435 F.Supp. 725, 733.
The equal protection of the laws of a state is extended to persons within its jurisdiction, within the meaning of the constitutional requirement, when its courts are open to them on the same conditions as to others, with like rules of evidence and modes of procedure, for the security of their persons and property, the prevention and redress of wrongs, and the enforcement of contracts; when they are subjected to no restrictions in the acquisition of property, the enjoyment of personal liberty, ana the pursuit of happiness, which do not generally affect others; when they are liable to no other or greater burdens and charges than such as are laid upon others; and when no different or greater punishment is enforced against them for a violation of the laws.
"Equal protection," with respect to classification for taxation purposes, does not require identity of treatment, but only
(1) that classification rests on real and not feigned differences,
(2) that the distinction have some relevance to purpose for which classification is made, and
(3) that the different treatments be not so disparate, relative to difference in classification, as to be wholly arbitrary. Walters v. City of St. Louis, Mo., 347 U.S. 231, 74 S.Ct. 505, 509, 98 L.Ed. 660

Black's law dictionary. . 1990.

Игры ⚽ Поможем сделать НИР

Look at other dictionaries:

  • equal protection of the law — equal protection of the law: equal protection Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. equal protection of the law …   Law dictionary

  • equal protection of the law — The constitutional guarantee of equal protection of the laws means that no person or class of persons shall be denied the same protection of the laws which is enjoyed by other persons or other classes in like circumstances in their lives, liberty …   Black's law dictionary

  • All are equal before the law and are entitled without any discrimination to equal protection of the law. — All are equal before the law and are entitled without any discrimination to equal protection of the law. Article 7, International Declaration of Human Rights Nolo’s Plain English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009 …   Law dictionary

  • equal protection (of the laws) — n. The principal that every person is entitled to the same treatment under the law as other people in similar conditions. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008 …   Law dictionary

  • equal protection — equal pro·tec·tion n: a guarantee under the Fourteenth Amendment to the U.S. Constitution that a state must treat an individual or class of individuals the same as it treats other individuals or classes in like circumstances – called also equal… …   Law dictionary

  • equal protection of the laws — A phrase not susceptible of exact definition; generally, a guaranty under the Fourteenth Amendment to the United States Constitution that no person or class of persons shall be denied the same protection of the law which is enjoyed by the other… …   Ballentine's law dictionary

  • equal protection clause — n often cap E&P&C: the clause in the Fourteenth Amendment to the U.S. Constitution that prohibits any state from denying to any person within its jurisdiction the equal protection of the laws Merriam Webster’s Dictionary of Law. Merriam Webster.… …   Law dictionary

  • Equal Protection Clause — The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that no state shall… deny to any person within its jurisdiction the equal protection of the laws. [… …   Wikipedia

  • equal protection — UK US noun [U] US LAW ► the idea that those responsible for making sure laws are obeyed should deal with every person or organization in the same way: »Both state run and private schools should have equal protection under the law …   Financial and business terms

  • equal protection clause — That provision in 14th Amendment to U.S. Constitution which prohibits a State from denying to any person within its jurisdiction the equal protection of the laws. This clause requires that persons under like circumstances be given equal… …   Black's law dictionary

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”