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Equal Rights Amendment Era - Law Dictionary Search Results

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equal rights amendment (era)

equal rights amendment (era) The proposed Equal Rights Amendment (ERA) to the U.S. Constitution was intended to explicitly guarantee equality to all persons, regardless of gender. After passing in Congress in 1972, the amendment did not receive enough votes for ratification by the individual states, and was never signed into law. ...


Folc-right, or folk-right

Folc-right, or folk-right, the jus commune, or common Law, mentioned in the laws of King Edward the Elder, declaring the same equal right, law, or justice to be due to persons of all degrees....


equal protection

equal protection : 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 protection of the law see also rational basis test, strict scrutiny, suspect classification Amendment XIV to the Constitution in the back matter NOTE: The equal protection requirement of the Constitution protects against legislation that affects individuals differently without a rational basis for doing so. In reviewing claims of denial of equal protection, a court will uphold legislation that has a rational basis unless the legislation affects a fundamental right or involves a suspect classification, such as race. In such a case, the court will use a strict scrutiny standard of review and will strike down legislation that does not show a compelling need for discriminating. ...


civil right

a legal right or rights belonging to a person by reason of citizenship including especially the fundamental freedoms and privileges guaranteed by the 13th and 14th amendments and subsequent acts of congress including the right to legal and social and economic equality...


Equality

Equality, Equality under art. 16 could not have a different content from equality under art. 14. Equality of opportunity for unequals can only mean aggravation of inequality. Equality of opportunity admits discrimination with reason and prohibits discrimination without reason, State of Kerala v. N.M. Thomas, (1976) 2 SCC 310: AIR 1976 SC 490: (1976) 1 SCR 906.The quality or state being equal; esp. likeness in power or political status, Black's Law Dictionary, 7th Edn., p. 597.Indian Constitution guarantees equality of opportunity to all citizens in the matter of employment or appointment to any office under the State, no citizen will be denied employment on the ground of religion, race, caste, sex and place of birth etc. However, the State can make special provision for reservation of posts for backward class citizens, Constitution of India, Art. 16(1), (2) & 4.The equality before law does not mean absolute equality of men, it only means equal subjection of all individuals to the ordin...


Equal pay for equal work

Equal pay for equal work, it does not mean that all the members of a cadre must receive the same pay packet irrespective of their seniority, source of recruitment, educational qualifications and various other incidents of service, State of Andhra Pradesh v. G. Sreenivasa Rao, (1989) 2 SCC 290.Article 39(d) of the Constitution proclaims 'equal pay for equal work for both men and women' as a Directive Principle of State Policy. Equal pay for equal work for both men and women means equal pay for equal work for everyone and as between the sexes. The Preamble to the Constitution declares the solemn resolution of the people of India to constitute India into a Sovereign Socialist Democratic Republic. Again the word 'Socialist' must mean some thing. Even if it does not mean to each according to his need it must at least mean 'equal pay for equal work'.'The principle of equal pay for equal work is expressly recognized by all socialist systems of law, e.g., s. 59 of the Hungarian Labour Code, Pa...


Amendment

Amendment, a correction of any errors in the writ or pleadings in actions, suits, or prosecutions. The power of allowing amendments has been much extended by modern statutes and rules, but it will not be exercised to the prejudice of a party to the proceeding; apart from this, it is in general a mere matter of costs.1. Amendment of proceedings in the Supreme Court. By R. S. C. Ord. XXVIII., r. 1, the Court or a judge may, at any stage of the proceedings, allow either party to alter or amend his indorsement or pleadings, in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties. This is the general principle. The remaining rules of the Order prescribe the practice in detail; they allow the plaintiff to amend his statement of claim once without leave, and the defendant similarly to amend a counterclaim or set-off. But a defence cannot be amended without le...


In aequali jure melior est conditio possidentis

In aequali jure melior est conditio possidentis [Lat.], in equal rights the condition of the possessor is the better; or, where the rights of the parties are equal, the claim of the actual possessor shall prevail.Plowd. 296.--(Where the rights are equal, the condition of the possessor is the better.) 'Hence it is a familiar rule, that in ejectment, the party controverting my title must recover by his own strength and not by my weakness'.Broom's Leg. Max. and see IN PARI DELICTO, etc....


civil rights movement

civil rights movement Historically, the term "Civil Rights Movement" has referred to efforts toward achieving true equality for African-Americans in all facets of society, but today the term "civil rights movement " is also used to describe the advancement of equality for all people regardless of race, sex, age, disability, national origin, religion, sexual orientation, or other protected characteristic. ...


Christian Era

The era in use in all Christian countries which was intended to commence with the birth of Christ The era as now established was first used by Dionysius Exiguus died about 540 who placed the birth of Christ on the 25th of December in the year of Rome 754 which year he counted as 1 a d This date for Christs birth is now generally thought to be about four years too late...


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