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.

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Answer 1

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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A state legislature enacted a statute that required any motorcycle operator or passenger on the state's highways to wear a protective helmet. Jim Alderman, a licensed motorcycle operator, sued the state to block enforcement of the law. Alderman asserted that the statute violated the equal protection clause because it placed requirements on motorcyclists that were not imposed on other motorists. Using the information presented in the chapter, answer the following questions: 1. Why does this statue raise equal protection issues instead of substantive due process concerns? 2. what are the three levels of scrutiny that the courts use in determining whether a law violates the equal protection clause? 3. Which standard of scrutiny, or test, would apply to this situation? Why? 4. Applying this standard, is the helmet statute constitutional? Why or why not?

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Explain why you think the fundamentals and concept of the 4th amendment rights is important and how does it fits into your expectations of the criminal justice

Answer 2

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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Answer 3

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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Answer 4

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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Answer 5

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.

Answer 6

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.

Answer 7

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.

Answer 8

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.

Answer 9

Expert Solution & Answer

Answer 10

Expert Solution & Answer

Answer 11

Ch. 4 - Prob. 1RE Ch. 4 - Prob. 2RE Ch. 4 - Prob. 3RE Ch. 4 - Prob. 4RE Ch. 4 - Prob. 1IS Ch. 4 - Prob. 2IS Ch. 4 - Prob. 1BS Ch. 4 - Prob. 2BS Ch. 4 - Prob. 3BCP Ch. 4 - Prob. 4BCP

Explanation of Solution

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