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.

Look at other dictionaries:

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