The Legal Environment of Business: Text and Cases
The Legal Environment of Business: Text and Cases
10th Edition
ISBN: 9781337535878
Author: Frank B. Cross; Roger LeRoy Miller
Publisher: Cengage Learning US
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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
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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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Students have asked these similar questions
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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