The Legal Environment of Business: Text and Cases (MindTap Course List)
10th Edition
ISBN: 9781305967304
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
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Question
Chapter 4, Problem 1RE
Summary Introduction
Case summary: A law was enacted by the state legislature that required the motorcycle operators or passengers to wear a protective helmet. A licensed motorcycle operator, JA, filed a case to declare the act as unconstitutional. JA emphasized that the act violated the equal protection act as it discriminates between motorcyclist and motorist.
To find: The reason for not raising the substantive due process clause and for raising the equal protection clause.
Expert Solution & Answer
Explanation of Solution
The substantive due process clause is focused on the content of legislation and not on the fairness of the procedure. Therefore, it was not applied to the given case.
The issue of equal protection clause is raised as there is a possible discrimination between motorcycle operators and motorists. It is because the law was applied to only a particular set of members. Therefore, the issue of equal protection was raised because both, the motorcyclists and motorists are considered to be on an equal platform.
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Chapter 4 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
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